Proper Eviction Via N12 Process Notice

Question:What must a landlord do in Ontario to evict a tenant using an N12 to reclaim the rental unit for the landlord’s own use?

Answer:In Ontario, to evict for own use a landlord must give the tenant a proper N12 notice with the termination date at least 60 days after the notice is given, with the termination tied to the end of a tenancy period (or the end of a fixed term), as required by Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2).  The landlord must also provide compensation equal to one month’s rent or offer another rental unit acceptable to the tenant, as required by Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If you are handling an N12 and want the steps checked for compliance in Ontario, Hall Paralegal Services can review your situation and help you prepare the notice and compensation correctly, call (519) 258-2400.

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What Are the Legal Requirements When a Landlord Is Evicting a Tenant For the Purpose of Reclaiming a Rental Unit for Personal Use Reasons?

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.

Note: Please contact Hall Paralegal Services by phone at: (519) 258-2400 to discuss any specific questions that you may have.

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.