Eviction Via Form N12 Process:

Question:What are the key requirements for an Ontario landlord N12 own-use eviction to reclaim a rental unit for the landlord or a family member?

Answer:Anderson Aylwin Begg & Co. paralegal team can help landlords and tenants understand the Ontario N12 own-use rules under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48, including the landlord’s good faith requirement to occupy the rental unit (or have it occupied by an eligible person like the landlord, spouse, parent or child) for at least one year, the notice must give at least 60 days to end the tenancy, and the tenant must receive one month’s rent compensation;   For fast, accurate guidance tailored to your situation, call (905) 686-8080 for a FREE 1/4 hour consultation.

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

Frequently, landlords wish to repossess a rental unit to enable occupancy by themselves, a close kin, or an expected purchaser. When this occurs, it is essential that landlords have a sincere intention that the replacement occupancy will persist for 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.

Note: Please contact Anderson Aylwin Begg & Co. by phone at: (905) 686-8080 to discuss any specific questions that you may have.

The Law

The right to terminate the tenancy, when in good faith, for own use purposes is provided within section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 wherein it is said:

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

When a landlord wishes to occupy a rental unit for residential purposes of the landlord, or certain family members of the landlord, the landlord may issue, and serve, a Form N12 upon the tenant as the formal notice to evict for the own use by the landlord.  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.