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

It is common for a landlord to want to repossess a rental unit for the purpose of replacing the tenant occupancy with occupancy by the landlord, a close family member of the landlord, or for the occupancy by a forthcoming purchaser of the premises and when such circumstances arise, the landlord must truly hold an intention that the substitute occupancy will last for at least one year.  The law requires landlords to demonstrate a bona fide intention for the new occupant to remain within the rental unit for a minimum of one year. This obligation ensures that landlords refrain from claiming a desire to take back the rental unit without a true intention to reside in the rental unit whereas such might otherwise serve as a pretext for evicting the current tenant in favour of a new tenant willing to pay a higher 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

A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants.  To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.

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.  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.