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Proper Eviction Via N12 Process Notice Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant
Question: What steps does a landlord need to follow when seeking to evict a tenant for personal use?
Answer: A landlord must provide at least sixty days' notice using an N12 form, as stated in section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. Additionally, they must also compensate the tenant with an amount equal to one month’s rent or offer another acceptable rental unit, as outlined in section 48.1 of the same Act. Denali Paralegal Services can assist landlords in understanding these legal requirements to help ensure that the eviction process is carried out smoothly and lawfully.
What Must a Landlord Do When Wanting to Evict a Tenant So to Reclaim a Rental Unit for the Own Use of the Landlord?
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. When a landlord seeks to take back the rental unit, adherence to the N12 process helps to prevent misunderstandings, disputes and misconceptions. 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 indicated per section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is required to provide at least sixty (60) days notice to the tenant whereas it is specifically stated:
48 (2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
Compensation
In addition to the proper per of notice, as per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, compensation payable to the tenant in an amount equivalent to one (1) month of the usual rent or by the landlord; or, if the tenant prefers, the landlord may provide compensation by way of providing the tenant with occupancy of another rental unit within the rental complex. Specifically, section 48.1 states:
48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48.
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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.