What is an N12 notice for own-use eviction in Ontario?

An N12 notice is a formal eviction notice in Ontario, Canada, used by landlords to terminate a tenancy for personal use. This means the landlord intends to move into the rental unit themselves or have an immediate family member do so.

What is an N12 notice?

The N12 notice is a specific form under Ontario's Residential Tenancies Act, 2006, S.O. 2006, c. 17, that landlords must use when they wish to end a tenancy for personal use. The notice must be given at least 60 days before the termination date and must specify the date the tenant is required to vacate the unit. The landlord is also required to compensate the tenant with an amount equal to one month's rent or offer another rental unit acceptable to the tenant.

When can a landlord use an N12 notice?

A landlord can use an N12 notice when they, their spouse, their child, or their parent intend to move into the rental unit. The landlord must have a genuine intention to occupy the unit and cannot use the notice as a means to evict a tenant without cause. If the landlord does not move into the unit as stated in the notice, the tenant may be entitled to compensation.

What are the tenant's rights?

Tenants have the right to dispute an N12 notice if they believe it is being used in bad faith. They can file an application with the Landlord and Tenant Board, which will hold a hearing to determine if the eviction is justified. If the Board finds that the landlord acted in bad faith, it may order the landlord to pay the tenant compensation.

What should tenants do if they receive an N12 notice?

Tenants should carefully review the notice to ensure it meets all legal requirements. They should also consider seeking legal advice to understand their rights and options. If they believe the notice is being used in bad faith, they can file an application with the Landlord and Tenant Board.

What should landlords do when issuing an N12 notice?

Landlords must ensure that the N12 notice is completed accurately and complies with all legal requirements. They should be prepared to provide evidence of their intention to occupy the unit if the tenant disputes the notice. Landlords should also be aware of their obligations to compensate the tenant and to act in good faith.

What to do next

If you're a tenant who has received an N12 notice or a landlord considering issuing one, it's important to understand the legal requirements and your rights. Consulting with a legal professional or contacting the Landlord and Tenant Board can provide guidance tailored to your situation.

For more detailed information, you can refer to the Ontario government's official resources on residential tenancies.