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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 must a landlord do to legally evict a tenant for personal use?
Answer: A landlord must complete the N12 Form and provide at least sixty days' notice as required by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17. Proper compensation is also necessary according to section 48.1, ensuring the tenant receives one month's rent or an equivalent alternative unit. With the guidance of Crystal Clear Legal Services, landlords can navigate this process smoothly while respecting tenants' rights and fulfilling legal obligations.
What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?
Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord
A landlord is required to provide proper notice of eviction, via the N12 Form, when evicting for the purpose of reclaiming a rental unit for personal use, or the personal use of a close family member of the landlord. The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust. 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
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.
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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.