Proper Eviction Via N12 Process Notice

Question:What notice and compensation must a landlord in Ontario provide when evicting a tenant using an N12 for own personal use?

Answer:In Ontario, when a landlord wants to take back a rental unit for the landlord’s own use or for the personal use of a close family member, the landlord generally must give a tenant a proper N12 notice and follow the Residential Tenancies Act, 2006 timing and compensation rules: the termination date must be at least 60 days after the notice is given under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2) , and the landlord must also compensate the tenant with an amount equal to one month’s rent under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1 .  For help getting the process right and understanding next steps before you file or respond, contact Lippa Legal Services (paralegal) at (416) 241-4529 in Ontario.

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What Must a Landlord Do When Wanting to Evict a Tenant So to Reclaim a Rental Unit for the Own Use of the Landlord?

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.  The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust.  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.

Note: Please contact Lippa Legal Services by phone at: (416) 241-4529 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

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.