Yes No Share to Facebook
Eviction Via Form N12 Process: Good Faith Intention of at Least One Year of Occupancy
Question: What are the key requirements for an N12 eviction notice in Ontario?
Answer: To properly initiate an N12 eviction, a landlord must provide at least 60 days' notice and demonstrate a genuine intention to occupy the rental unit for a minimum of one year. Failure to adhere to these requirements can lead to legal challenges and complications for both landlords and tenants. Hall Paralegal Services can assist landlords in navigating these regulations to achieve a smooth eviction process while remaining compliant with the law.
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
Landlords often seek to reclaim a rental unit to replace tenant occupancy with an occupancy by the landlord, a close relative of the landlord, or a buyer of the property. In such cases, the landlord must genuinely intend for the new occupancy to continue for at least one year. This good faith requirement ensures that a landlord is precluded from using the N12 eviction for own use process under a false pretense such as the bad faith intent of causing a tenant to vacate so that a higher rent may be charged to a subsequent tenant.
The Law
The right to terminate the tenancy, when in good faith, for own use purposes is provided within section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 wherein it is said:
48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.
(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.
(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord’s notice.
(4) The date for termination specified in the tenant’s notice shall be at least 10 days after the date the tenant’s notice is given.
(5) This section does not authorize a landlord to give a notice of termination of a tenancy with respect to a rental unit unless,
(a) the rental unit is owned in whole or in part by an individual; and
(b) the landlord is an individual.
Challenges
A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants. To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.
Learn More About Eviction Via Form N12 Process...
Here are links to four (4) other webpages:
Conclusion
A landlord wishing to occupy a rental unit for the personal residential purposes of the landlord, or certain family members of the landlord, may issue and serve a Form N12 upon the tenant as the proper legal notice of eviction. A proper Form N12 provides at least sixty (60) days notice to a tenant to vacate the rental unit. Along with the sixty (60) days notice, a landlord must also provide the tenant with monetary compensation in an amount equal to one (1) month of rent. The landlord should make payment of the compensation to the tenant at the same time that the tenant vacates the rental unit and surrenders the keys to the landlord.
NOTE: A significant amount of online searches for “lawyers near me” or “best lawyer in” typically indicates a desire for prompt and proficient legal assistance rather than a specific lawyer’s designation. In , licensed paralegals are governed by the same Law Society that supervises lawyers and possess the authority to represent clients in specified litigation issues. Skills in advocacy, legal analysis, and procedural expertise are fundamental to this role. Hall Paralegal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and effective advocacy directed at obtaining efficient and positive outcomes for clients.