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Proper Eviction Via N12 Process Notice Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant
Question: What must a landlord do to lawfully evict a tenant for personal use?
Answer: To lawfully evict a tenant for personal use, a landlord must provide a proper N12 notice at least sixty days in advance, as outlined in the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 48(2). Additionally, the landlord must offer compensation equivalent to one month's rent or an alternative rental unit, complying with section 48.1 of the same act. Ensuring compliance with these requirements can help landlords navigate the eviction process smoothly and safeguard their interests, and Lippa Legal Services is here to assist throughout this process.
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
When a landlord intends to reclaim a rental unit for personal use by the landlord or for personal use by a close family member of the landlord, an N12 form must be used as the means of providing proper 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. 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:
48 (2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
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:
48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48.
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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.