Eviction Via Form N12 Process:

Question: What steps do Ontario Paralegals advise when you receive an N12 notice for own use by the landlord or a family member?

Answer: In Ontario, Anderson Aylwin Begg & Co. Paralegals can help you understand the requirements for an N12 (own use) eviction under Residential Tenancies Act, 2006, S.O. 2006, c. 17, and what you can do if the notice is incorrect. A landlord must give at least 60 days’ notice, terminate for residential occupation for at least one year, act in good faith, and pay compensation equal to one month’s rent when the tenant vacates and keys are surrendered.   If your N12 is missing required details, has timing issues, or compensation is not handled properly, Anderson Aylwin Begg & Co. can review your situation and guide you on next steps across Ontario. For a fast call-back and practical guidance, call (905) 686-8080.

Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member

When a landlord seeks to evict a tenant by using the N12 process so to enable occupancy for the own use purposes of the landlord, or certain close family members of the landlord, the landlord must genuinely possess a good faith intent including an intention to occupy the rental unit for a period of 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.

The Law

A landlord holds a right, in certain circumstances, to terminate so to take over occupancy for the own use of the landlord per section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 whereas it is stated:

Challenges

A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants.  To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.

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.