Proper Eviction Via N12 Process Notice

Question: What steps must a landlord follow in Ontario to evict a tenant for own use under an N12, including notice timing and compensation?

Answer: Hall Paralegal Services can help a landlord make sure the N12 eviction process in Ontario is done correctly, including providing at least 60 days’ notice under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2) and providing compensation equal to one month’s rent under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.   Because the N12 must match the tenancy end date and the landlord must actually intend to use the rental unit as required, getting the paperwork and timeline right can reduce delays and disputes at the Landlord and Tenant Board.   If you want to proceed safely, call (519) 258-2400 to discuss your situation and get clear, Ontario-focused paralegal guidance from Hall Paralegal Services.

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 issue a properly completed N12 Form to provide appropriate eviction notice to a tenant when the landlord wishes to take back a rental unit for the personal use of the landlord or for the personal use by 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.  With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.

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:

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:

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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.