Proper Eviction Via N12 Process Notice

Question: What is required of an Ontario landlord to evict a tenant to take back the rental unit for the landlord’s own use using an N12 notice?

Answer: In Ontario, a landlord must give proper notice using an N12 and meet the timing rules in Residential Tenancies Act, 2006, S.O. 2006, c. 17, including at least 60 days’ notice ending on the last day of a rental period or the end of a fixed term, and must also provide tenant compensation of one month’s rent or offer another acceptable unit under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.   For help preparing and serving an N12, proving good faith, and avoiding delays at the LTB anywhere in Ontario, contact Benchmark Legal Offices, a Paralegals and Lawyers’ Office to Serve You, at (289) 389-8840 for fast, practical guidance.

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 must use the N12 Form to issue proper eviction notice to a tenant when the intent is to take back the rental unit for the personal use of the landlord or for the personal use by a close family member of the landlord.  As a critical aspect of the eviction via N12 process, providing proper notice of eviction helps to ensures that a landlord and a tenant are each aware of the respective legal expectations owed to each other which can foster transparency, trust, and respect during an awkward time.  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

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:

sadfsafsafafafasfsaaf

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.