Proper Eviction Via N12 Process Notice

Question: What does a landlord need to provide to the tenant under Ontario’s N12 process to end a tenancy for the landlord’s own use?

Answer:   In Ontario, Civil Litigations Paralegal Services (paralegal services) can help landlords understand what they must do when using the N12 process to take back a rental unit for the landlord’s own use or for the personal use of a close family member. You generally must give at least 60 days’ written notice using a properly completed N12, with the termination date set at least 60 days after the notice is given and aligned with when the tenancy period ends, as set out in Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2).  You must also provide compensation to the tenant equal to one month’s rent or offer another rental unit acceptable to the tenant under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  For help reviewing your N12 package and timeline to reduce errors and tenant-rights issues in Ontario, call (416) 229-1479 today.

What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?

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

A landlord, to reclaim a rental unit for personal use of the landlord or personal use by a close family member of the landlord, must provide a properly completed N12 Form as the method of providing notice of eviction to a tenant.  The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust.  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:

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.