Proper Eviction Via N12 Process Notice

Question: What is required of a landlord to evict a tenant in Ontario using an N12 notice for the landlord’s own use (or a close family member’s personal use)?

Answer:   In Ontario, Olson Craig Legal can help you understand the N12 landlord eviction process so it is done lawfully when the landlord seeks to take back the rental unit for personal use or for a close family member’s personal use. A valid N12 notice must provide termination at least 60 days after the notice is given under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2). The landlord must also pay compensation equal to one month’s rent (or offer another acceptable rental unit) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If you are a landlord planning an own use eviction or a tenant who received an N12, lawyer & paralegal support from Olson Craig Legal can reduce mistakes and help protect your rights, call (226) 886-2001 to get started in Ontario.

What Is Required of a Landlord When Seeking to Evict a Tenant So to Take Back a Rental Unit for Personal Use By the Landlord?

Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord

Where a landlord seeks to reclaim a rental unit for own use or for the own use of a close family member, notice of eviction via a properly prepared N12 Form document served upon the tenant must be performed by the landlord or legal representative 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.  With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.

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.