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.

What Must a Landlord Do When Wanting to Evict a Tenant So to Reclaim a Rental Unit for the Own Use of the Landlord?

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

A landlord must issue a properly completed N12 Form to provide appropriate eviction notice to a tenant when the landlord wishes to take back a rental unit for the personal use of the landlord or for the personal use by close family member of the landlord.  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.  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 is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:

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

To ensure against legal risks, among other issues, a landlord must provide the proper notice of eviction to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.