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Eviction Via Form N12 Process: Good Faith Intention of at Least One Year of Occupancy
Question: What must landlords prove to successfully carry out an N12 eviction for their own use?
Answer: Landlords must demonstrate a genuine intention for the new occupant to reside in the rental unit for at least one year. This requirement protects tenants from wrongful evictions and ensures that landlords act in good faith. Engaging Debly Law can help landlords navigate the complexities of this process, ensuring compliance with the Residential Tenancies Act while minimizing potential legal challenges.
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
When a landlord seeks to evict a tenant by using the N12 process so to enable occupancy for the own use purposes of the landlord, or certain close family members of the landlord, the landlord must genuinely possess a good faith intent including an intention to occupy the rental unit for a period of at least one year. 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. 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.
