Eviction Via Form N12 Process:

Question: What are the legal requirements for an Ontario landlord’s N12 eviction for own use by the landlord or an eligible family member?

Answer: In Ontario, an N12 for own use requires the landlord to act in good faith with a genuine intention that the landlord or an eligible family member will occupy the unit as a primary residence for at least one year, give at least 60 days’ notice ending on the last day of a rental period or term, and provide the required compensation.   For Affordable Legal Help in Ontario, Alfred Legal Services can help you understand and document compliance under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48 to reduce delays and disputes at the Landlord and Tenant Board.

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

In situations where a landlord wishes to evict a tenant for the purpose of taking the rental unit for use by the landlord, or certain close family members of the landlord, the initiation of an eviction process must be genuinely based on an intention for the landlord, or the close family member, to occupy the rental unit for one year as a minimum.  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 holds a right, in certain circumstances, to terminate so to take over occupancy for the own use of the landlord per section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 whereas it is stated:

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.  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.