Eviction Via Form N12 Process:

Question:What are the legal requirements for an N12 own-use eviction in Ontario when the landlord or a family member needs the rental unit for at least one year?

Answer:In Ontario, an N12 own-use eviction must meet the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 48 requirement that the landlord has a genuine good faith intention for the landlord or a spouse, child or parent, or an eligible care provider to occupy the unit for residential use for at least one year, with the notice given at least 60 days before the end date and proper eligibility rules (the landlord must be an individual and the unit must be owned in whole or in part by an individual) as set out in section 48.  The tenant is also entitled to compensation equal to one month of rent, and courts commonly scrutinize the good faith intention to ensure it is not a guise for a higher-rent replacement or other improper purpose; for help reviewing timelines, notice wording, and compensation steps so you avoid delays at the Landlord and Tenant Board, contact Benchmark Legal Offices at (289) 389-8840.

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

When a landlord seeks to evict a tenant by using the N12 process so to enable occupancy for the own use purposes of the landlord, or certain close family members of the landlord, the landlord must genuinely possess a good faith intent including an intention to occupy the rental unit for a period of at least one year.  This good faith requirement ensures that a landlord is precluded from using the N12 eviction for own use process under a false pretense such as the bad faith intent of causing a tenant to vacate so that a higher rent may be charged to a subsequent tenant.

Note: For immediate help, please contact Benchmark Legal Offices by phone at: (289) 389-8840 to retain services or to discuss any specific questions that you may have.

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.  A proper Form N12 provides at least sixty (60) days notice to a tenant to vacate the rental unit.  Along with the sixty (60) days notice, a landlord must also provide the tenant with monetary compensation in an amount equal to one (1) month of rent. The landlord should make payment of the compensation to the tenant at the same time that the tenant vacates the rental unit and surrenders the keys to the landlord.