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 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 is required to provide proper notice of eviction, via the N12 Form, when evicting for the purpose of reclaiming a rental unit for personal use, or the personal use of a close family member of the landlord.  When a landlord seeks to take back the rental unit, adherence to the N12 process helps to prevent misunderstandings, disputes and misconceptions.  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.

Note: Please contact Civil Litigations Paralegal Services by phone at: (416) 229-1479 to discuss any specific questions that you may have.

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

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.