Last Updated: , 68 days ago.
What notice and compensation are required for an Ontario landlord to evict a tenant using an N12 for own-use?
For an Ontario landlord reclaiming a rental unit for own use (or close family use), you generally need to serve a properly completed N12 notice with a termination date at least 60 days after the notice is given, and you must also pay compensation equal to one month’s rent (or offer another acceptable rental unit in the complex if the tenant prefers), as set out in Residential Tenancies Act, 2006, S.O. 2006, c. 17, ss. 48(2) and 48.1. Getting the dates, details, and paperwork right can help avoid delays and disputes at the Landlord and Tenant Board, so if you’re planning an own-use eviction, Mole Legal Services can help you navigate the paralegal and property management steps in Ontario, call (647) 709-5157.
Add this website to Google Preferred Sources
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, to reclaim a rental unit for personal use of the landlord or personal use by a close family member of the landlord, must provide a properly completed N12 Form as the method of providing notice of eviction to a tenant. When a landlord seeks to take back the rental unit, adherence to the N12 process helps to prevent misunderstandings, disputes and misconceptions. Landlords, by understanding the significance of the N12 notice, are thereby prepared to ensure that evictions are undertaken lawfully which safeguards the rights of the landlord while also respecting the needs of tenants.
Note: For immediate help, please contact Mole Legal Services by phone at: (647) 709-5157 to retain services or to discuss any specific questions that you may have.
Requirements
Proper Notice
As indicated per section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is required to provide at least sixty (60) days notice to the tenant whereas it is specifically stated:
48 (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.
Compensation
Additionally, per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is also required to provide compensation to the tenant in an amount equivalent to one (1) month of the usual rent or offer the tenant another rental unit within the rental complex as suitable to the tenant. Specifically, section 48.1 says:
48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48.
Conclusion
To ensure against legal risks, among other issues, a landlord must provide the proper notice of eviction to the tenant. The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.
NOTE: A significant quantity of online searches for “lawyers near me” or “best lawyer in” typically indicates a pressing requirement for effective and competent legal assistance, rather than a particular job title. In Ontario, certified paralegals operate under the same Law Society that supervises lawyers and are permitted to represent clients in specific litigation scenarios. Essential elements of this role include advocacy, legal assessment, and procedural expertise. Mole Legal Services provides legal representation within its licensed framework, focusing on strategic planning, evidence preparation, and compelling advocacy aimed at attaining efficient and favourable outcomes for clients.
