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Understanding the N12 Form: When Landlords Can Evict for Personal Use in Ontario

by | Nov 3, 2024 | Legal Guidance for Landlords | 0 comments

Understanding the N12 Form: When Landlords Can Evict for Personal Use in Ontario

As a landlord or tenant in Ontario, it’s crucial to understand the N12 form and its implications. At LSK Property Management, we often receive questions about personal use evictions. Let’s break down what the N12 form means for both parties.

What is the N12 Form?

The N12 form, officially titled “Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit,” is used when a landlord wants to evict a tenant to use the rental unit for their own personal use or for a family member.

When Can Landlords Use the N12 Form?

Landlords can use the N12 form when:

  1. The landlord requires the unit for their own use
  2. An immediate family member requires the unit
  3. A caregiver for the landlord or their family requires the unit

It’s important to note that “own use” must be for at least one year.

Key Requirements for Landlords

  1. Good Faith: The landlord must genuinely intend to use the unit for the stated purpose.
  2. Notice Period: Tenants must be given at least 60 days’ notice.
  3. Compensation: In most cases, landlords must provide one month’s rent as compensation.
  4. Right of First Refusal: Tenants have the right to move back in if the unit becomes available within 12 months.

For more details on the N12 process, visit the Landlord and Tenant Board website.

Tenant Rights and Protections

Tenants should be aware of their rights:

  1. They can dispute the eviction if they believe it’s not in good faith.
  2. They can request a hearing at the Landlord and Tenant Board.
  3. They may be entitled to additional compensation if the eviction was not in good faith.

Conclusion

The N12 form is a complex aspect of Ontario’s rental laws. Both landlords and tenants should fully understand their rights and obligations before proceeding with a personal use eviction.At LSK Property Management, we provide guidance on navigating these complex situations. For more information on our services or assistance with landlord-tenant relations, visit our landlord-tenant relations page or contact us directly.