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Eviction Via Form N12 Process: Good Faith Intention of at Least One Year of Occupancy
Question: What are the key requirements for an N12 eviction for a landlord’s own use?
Answer: The landlord must act in good faith and genuinely intend to occupy the rental unit for at least one year. Proper notice of at least 60 days must be given, and the landlord is required to provide compensation equal to one month’s rent to the tenant upon vacating. Understanding these requirements is crucial to avoid legal complications. At Benchmark Legal Offices, we can guide you through the eviction process, ensuring compliance with all legal stipulations.
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
Landlords often seek to reclaim a rental unit to replace tenant occupancy with an occupancy by the landlord, a close relative of the landlord, or a buyer of the property. In such cases, the landlord must genuinely intend for the new occupancy to continue for 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.
The Law
The right to terminate the tenancy, when in good faith, for own use purposes is provided within section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 wherein it is said:
48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.
(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord’s notice.
(4) The date for termination specified in the tenant’s notice shall be at least 10 days after the date the tenant’s notice is given.
(5) This section does not authorize a landlord to give a notice of termination of a tenancy with respect to a rental unit unless,
(a) the rental unit is owned in whole or in part by an individual; and
(b) the landlord is an individual.
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.
Deeper Information About Eviction Via Form N12 Process...
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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.
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