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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 a landlord to issue an N12 eviction for own use?
Answer: To successfully issue an N12 eviction, a landlord must demonstrate a bona fide intention to occupy the rental unit for at least one year and adhere to the notice requirements outlined in section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. For assistance navigating this process and ensuring compliance with the law, consider W.J. Roy Paralegal Services, a trusted paralegal firm dedicated to helping clients achieve their goals.
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. The law requires landlords to demonstrate a bona fide intention for the new occupant to remain within the rental unit for a minimum of one year. This obligation ensures that landlords refrain from claiming a desire to take back the rental unit without a true intention to reside in the rental unit whereas such might otherwise serve as a pretext for evicting the current tenant in favour of a new tenant willing to pay a higher rent.
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.
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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.
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