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Proper Eviction Via N12 Process Notice Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant
Question: What are the essential steps a landlord must take to evict a tenant for personal use?
Answer: A landlord must provide at least sixty days notice using the N12 Form, as well as compensation equivalent to one month's rent, according to the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. At VP Legal Services and Notary, we can guide you through the necessary procedures to ensure a smooth and lawful eviction process, safeguarding your rights while respecting tenant concerns.
What Are the Legal Requirements When a Landlord Is Evicting a Tenant For the Purpose of Reclaiming a Rental Unit for Personal Use Reasons?
Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord
When a landlord intends to reclaim a rental unit for personal use by the landlord or for personal use by a close family member of the landlord, an N12 form must be used as the means of providing proper notice of eviction to a tenant. As a critical aspect of the eviction via N12 process, providing proper notice of eviction helps to ensures that a landlord and a tenant are each aware of the respective legal expectations owed to each other which can foster transparency, trust, and respect during an awkward time. With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.
Requirements
Proper Notice
As is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:
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
In addition to the proper per of notice, as per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, compensation payable to the tenant in an amount equivalent to one (1) month of the usual rent or by the landlord; or, if the tenant prefers, the landlord may provide compensation by way of providing the tenant with occupancy of another rental unit within the rental complex. Specifically, section 48.1 states:
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.
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Conclusion
A landlord, to ensure against problematic legal issues, must ensure that the proper notice is provided to the tenant. The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.
