Proper Eviction Via N12 Process Notice Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant

Question: What steps must a landlord in Ontario follow to legally evict a tenant for personal use of the property?

Answer: To legally evict a tenant for personal use in Ontario, a landlord must issue an N12 notice, providing at least 60 days' notice per Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 48(2). The landlord must act in good faith, intending to occupy the unit personally or for a close family member. Additionally, section 48.1 requires the landlord to compensate the tenant with one month's rent or offer a comparable unit in the same building. Navigate the eviction process smoothly and lawfully with the right legal support to protect your rights as a landlord.

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

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 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

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.