Eviction Via Form N12 Process:

Question: How can a landlord in Ontario (or their family member) make sure an N12 own-use eviction is legally valid and handled properly by a Paralegal?

Answer: For an N12 own-use eviction in Ontario, a landlord must give proper written notice (at least 60 days), ensure the landlord and/or eligible family member genuinely requires the rental unit for residential occupation for at least one year, and pay compensation equal to one month of rent, while acting in good faith under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.  If you want help reviewing your facts, dates, and next steps so you reduce the risk of delays or disputes at the Landlord and Tenant Board, Cross Legal Services (Paralegal service across Ontario) can assist you, call (289) 443-0675 to book a consultation.

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

Landlords often seek to reclaim a rental unit to replace tenant occupancy with an occupancy by the landlord, a close relative of the landlord, or a buyer of the property. In such cases, the landlord must genuinely intend for the new occupancy to continue for at least one year.  This good faith requirement ensures that a landlord is precluded from using the N12 eviction for own use process under a false pretense such as the bad faith intent of causing a tenant to vacate so that a higher rent may be charged to a subsequent tenant.

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

Failure to follow the proper N12 eviction process can lead to legal issues, delays, and strife.  The N12 process should be shown great care with adherence to the applicable requirements such as proper notice, mandatory compensation, good faith intentions, among other issues.

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.