Proper Eviction Via N12 Process Notice

Question: What notice and compensation must a landlord provide in Ontario to evict a tenant using an N12 to reclaim a rental unit for own use?

Answer: In Ontario, a landlord who wants to evict a tenant for own use must use an N12 notice and give termination at least 60 days after the notice is given, with the termination date tied to the end of the tenancy or the end of the fixed term, as required by Residential Tenancies Act, 2006, (S.O. 2006, c. 17) s. 48(2).  The landlord must also pay the tenant compensation equal to one month’ s rent (or offer another acceptable rental unit if the tenant prefers), under Residential Tenancies Act, 2006, (S.O. 2006, c. 17) s. 48.1.  If you want help verifying your N12 paperwork, timelines, and next steps, Civil Litigations Paralegal Services can help you review the notice and plan what to do next, call (416) 229-1479.

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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.  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.

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

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:

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.