Eviction Via Form N12 Process:

Question:What rules must a landlord follow for an N12 eviction on own use in Ontario?

Answer:In Ontario, an N12 own-use eviction under the Residential Tenancies Act, 2006, 2006, c. 17 must meet strict requirements: the landlord must terminate only if they in good faith require the unit for residential occupation for at least one year by the landlord or certain close family members (including a spouse or a child or parent), the notice must give at least 60 days, and one month’s rent compensation must be paid to the tenant.   A paralegal can help you verify proper notice wording and dates, confirm eligibility (including ownership and who qualifies as the intended occupant), and assess good-faith evidence before the Landlord and Tenant Board process starts, helping reduce delays and disputes.   For guidance from Caruso Legal Services in Ontario, call (289) 271-0488.

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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.  Legally, landlords are bound to act with sincerity with a genuine intention that the substitute occupancy, whether by the landlord, by a close family member of the landlord, or by a purchaser of the property, will occur for at least one one year. This legal stipulation ensures that landlords refrain from falsely declaring a need to reclaim the rental unit and potentially using such as falsity as a means to remove existing tenant and to obtain substitute tenant at an increased rent.

Note: Please contact Caruso Legal Services by phone at: (289) 271-0488 to discuss any specific questions that you may have.

The Law

A landlord may, subject to compliance with section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, including prescribed notice requirements, among other things, terminate a tenancy so to take over a rental unit for the purpose of occupancy for the own use of the landlord or certain family members of the landlord whereas the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, states:

Challenges

Failure to follow the proper N12 eviction process can lead to legal issues, delays, and strife.  The N12 process should be shown great care with adherence to the applicable requirements such as proper notice, mandatory compensation, good faith intentions, among other issues.

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.