Proper Eviction Via N12 Process Notice

Question: What notice and compensation does a landlord need to evict a tenant in Ontario for own use under an N12?

Answer: In Ontario, a landlord who wants the rental unit back for the landlord’s own use (or for a close family member) must terminate using an N12 notice with at least 60 days’ notice from when it’s given, with the termination date set to a day a tenancy period ends (or the end of the fixed term), under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2), and must also compensate the tenant with an amount 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.  For help preparing or responding to an N12 correctly, Ontario paralegal support is available from Forseti Legal Services at (705) 806-7577.

Add this website to Google Preferred Sources

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

A landlord is required to provide proper notice of eviction, via the N12 Form, when evicting for the purpose of reclaiming a rental unit for personal use, or the personal use of a close family member of the landlord.  The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust.  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.

Note: Please contact Forseti Legal Services by phone at: (705) 806-7577 to discuss any specific questions that you may have.

Requirements

Proper Notice

As indicated per section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is required to provide at least sixty (60) days notice to the tenant whereas it is specifically stated:

Compensation

In addition to the proper per of notice, as per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, compensation payable to the tenant in an amount equivalent to one (1) month of the usual rent or by the landlord; or, if the tenant prefers, the landlord may provide compensation by way of providing the tenant with occupancy of another rental unit within the rental complex.  Specifically, section 48.1 states:

Conclusion

A landlord, to ensure against problematic legal issues, must ensure that the proper notice is provided to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.