Eviction Via Form N12 Process:

Question: How can a landlord or family member in Ontario confirm they’re meeting the requirements for an N12 eviction for own use and avoid an illegal termination?

Answer: In Ontario, a landlord (or eligible family member) can use a Form N12 only if the landlord in good faith requires residential possession for the occupant’s use for at least one year, and the notice is served with the required timing (at least 60 days after notice is given), plus the tenant is entitled to one month’s rent compensation and the unit is owned by an individual landlord; the key risk is failing to meet the bona fide own-use, timing, notice, compensation, and ownership conditions under Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, and Ontario courts and the Board may treat non-compliance as unlawful and lead to tenant remedies like arrears, compensation, or orders; to get your N12 approach right, Olson Craig Legal can help with the process and evidence needed for a compliant own-use eviction by Lawyer & Paralegals serving across Ontario, call (226) 886-2001 to discuss your situation.

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

Frequently, landlords wish to repossess a rental unit to enable occupancy by themselves, a close kin, or an expected purchaser. When this occurs, it is essential that landlords have a sincere intention that the replacement occupancy will persist for at least one year.  Legally, landlords are bound to act with sincerity with a genuine intention that the substitute occupancy, whether by the landlord, by a close family member of the landlord, or by a purchaser of the property, will occur for at least one one year. This legal stipulation ensures that landlords refrain from falsely declaring a need to reclaim the rental unit and potentially using such as falsity as a means to remove existing tenant and to obtain substitute tenant at an increased rent.

The Law

A landlord may, subject to compliance with section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, including prescribed notice requirements, among other things, terminate a tenancy so to take over a rental unit for the purpose of occupancy for the own use of the landlord or certain family members of the landlord whereas the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, states:

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

A landlord wishing to occupy a rental unit for the personal residential purposes of the landlord, or certain family members of the landlord, may issue and serve a Form N12 upon the tenant as the proper legal notice of eviction.  The Form N12 must provide at least sixty (60) days notice to vacate the rental unit.  Additionally, the landlord must provide the tenant with compensation equal to one (1) month of rent.  It is prudent that the landlord will provide the compensation when the tenant vacates and provides keys to the landlord.