Eviction Via Form N12 Process:

Question: When a landlord in Ontario wants to use an N12 to take back a rental unit for their own use or for a family member, what are the key good-faith and one-year occupancy requirements they must meet?

Answer:   A landlord may terminate a tenancy with an N12 in Ontario only where the landlord truly requires the unit in good faith for residential occupation for at least one year, for the landlord or certain family members, under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.  The notice must give the tenant at least 60 days and the landlord must also pay compensation equal to one month of rent when the tenant moves out and keys are provided, because failing to follow the proper N12 process can lead to delays and disputes.  If you need help making sure the N12 requirements are met correctly, a paralegal at Access Ontario Legal Services can assist you across Ontario, including Milton, Oakville, and surrounding areas, by reviewing your facts and next steps, call (905) 302-1851.

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

It sometimes occurs, and quite common recently that a landlord desires the take back a rental unit to allow either the landlord, a close family member of the landlord, or an buyer who will soon acquire the property, to move into the rental unit. When such a situation arises, the landlord must truly believe and expect that the occupant that is replacing the tenant will reside within the rental unit for one year or more.  Legally, landlords are bound to act with sincerity with a genuine intention that the substitute occupancy, whether by the landlord, by a close family member of the landlord, or by a purchaser of the property, will occur for at least one one year. This legal stipulation ensures that landlords refrain from falsely declaring a need to reclaim the rental unit and potentially using such as falsity as a means to remove existing tenant and to obtain substitute tenant at an increased rent.

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

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.

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.