Proper Eviction Via N12 Process Notice

Question: What are the required notice and compensation steps in Ontario for a landlord to evict a tenant using an N12 so the landlord can take back the rental unit for personal use?

Answer: In Ontario, Caruso Legal Services can help you understand the required N12 eviction steps under the Residential Tenancies Act, 2006, including giving at least 60 days’ notice with a termination date that falls at least 60 days after the notice is given and aligns with the end of a tenancy period or the end of a fixed term, as set out in Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2),   and ensuring the landlord also provides compensation equal to one month’s rent (or offers another rental unit acceptable to the tenant) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If you’re a landlord preparing the N12 or a tenant trying to confirm your rights, calling (289) 271-0488 with Caruso Legal Services helps you reduce delays and lower the risk of a defective notice.

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, to reclaim a rental unit for personal use of the landlord or personal use by a close family member of the landlord, must provide a properly completed N12 Form as the method of providing notice of eviction to a tenant.  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.  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 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

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

A landlord, to ensure against problematic legal issues, must ensure that the proper notice is provided to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.