Proper Eviction Via N12 Process Notice

Question: What are the legal requirements in Ontario for a landlord to evict a tenant using an N12 notice to reclaim the rental unit for personal use?

Answer:   In Ontario, Lippa Legal Services can help you understand what a landlord must do for an N12 “own use” eviction: the landlord must give at least 60 days’ written notice with a properly completed N12 form under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2), and the termination date must align with the end of a tenancy period (or the end of the fixed term).  The landlord must also provide compensation equal to one month’s rent or offer another acceptable rental unit under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If you’re a tenant facing an N12 or a landlord planning one, calling (416) 241-4529 with Lippa Legal Services can help you reduce mistakes, stay compliant, and address any disputes early in the process in Ontario.

What Is Required of a Landlord When Seeking to Evict a Tenant So to Take Back a Rental Unit for Personal Use By the Landlord?

Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord

Where a landlord seeks to reclaim a rental unit for own use or for the own use of a close family member, notice of eviction via a properly prepared N12 Form document served upon the tenant must be performed by the landlord or legal representative 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

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.