Proper Eviction Via N12 Process Notice

Question: Can Denali Paralegal help me understand what the N12 process requires when a landlord wants to evict a tenant so they can move into the rental unit in Ontario?

Answer:   Denali Paralegal helps Ontario tenants and landlords navigate the N12 own-use eviction process by explaining what the Residential Tenancies Act, 2006 requires, including issuing a properly completed N12 with at least 60 days’ notice under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2) and providing required compensation of one month’s rent or an acceptable alternative unit under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1; if you are dealing with an N12 notice and want clear next steps and risk-reduction, call (877) 414-4377 to discuss your situation with a paralegal.

What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?

Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord

A landlord must use the N12 Form to issue proper eviction notice to a tenant when the intent is to take back the rental unit for the personal use of the landlord or for the personal use by a close family member of the landlord.  As a critical aspect of the eviction via N12 process, providing proper notice of eviction helps to ensures that a landlord and a tenant are each aware of the respective legal expectations owed to each other which can foster transparency, trust, and respect during an awkward time.  Landlords, by understanding the significance of the N12 notice, are thereby prepared to ensure that evictions are undertaken lawfully which safeguards the rights of the landlord while also respecting the needs of tenants.

Requirements

Proper Notice

As is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:

Compensation

Additionally, per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is also required to provide compensation to the tenant in an amount equivalent to one (1) month of the usual rent or offer the tenant another rental unit within the rental complex as suitable to the tenant.  Specifically, section 48.1 says:

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Conclusion

To ensure against legal risks, among other issues, a landlord must provide the proper notice of eviction to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.