The N12 is a formal notice issued under the Residential Tenancies Act of Ontario, which allows a landlord to end the tenancy and regain possession of a residential unit for their personal use or that of an immediate family member.

Eligibility Criteria: To issue an Application based on an N12 notice, the landlord, the purchaser, or the landlord's immediate family member must have a genuine intent to reside in the rental unit. This could be due to a variety of reasons, such as downsizing, family circumstances, or other legitimate needs. This provision is in place to safeguard the rights of landlords who genuinely require the property for their own living arrangements, or have entered into an agreement for sale of the rental property and the purchaser has required the rental unit for their own dwelling, or the dwelling of the purchaser's immediate family.

Notice Period: The N12 notice requires that the landlord provide the tenant with at least 60 days' notice before the termination date specified in the notice. The termination date must also be the last date in the tenancy agreement, if the tenancy is for a fixed term.

Form N12: The notice to the tenant must be submitted to the tenant using a specific form provided by the Landlord and Tenant Board (LTB) of Ontario. This form contains all the necessary information regarding the eviction and must be signed in order to have effect.

Proof of Intent: Landlords should be prepared to provide evidence supporting their claim of requiring the unit for personal use. This may include documents demonstrating the need for the property, such as a lease agreement for their current residence.

Communication with the Tenant: It's important for landlords to maintain open and transparent communication with the tenant throughout the process. This helps build trust and can lead to a smoother transition.

Record-Keeping: Keeping accurate records of all communications, notices, and documents related to the N12 Application is crucial in case any disputes arise later in the process.

Filing with the LTB: The L2 Application must be submitted to the Landlord and Tenant Board. It's essential to ensure that all required information is included and that the form is submitted within the appropriate timeframe.

Possible Tenant Compensation: In some cases, the tenant may be entitled to compensation for the inconvenience and expenses associated with relocating, in addition to statutory requirements for compensating the tenant the equivalent of one month's rent, which must be done before the termination date.

Adherence to Legal Timelines: Landlords must strictly adhere to the timelines set out for filing their L2 Application. Failing to do so may result in delays or legal complications.

Landmark cases that have influenced the legal landscape regarding residential evictions for landlord's or purchaser's own or family use (N12) in Ontario.

Hornoi-Lehto v. Parsons (2008):

• Summary: This case highlighted the importance of landlords having a genuine intent to occupy the rental unit for themselves or an immediate family member when evicting a tenant under the N12 application.

• Significance: The court emphasized that the N12 application should not be used as a means to terminate a tenancy for other purposes.

Pellerin v. Normand (2009):

• Summary: This case underscored the requirement for landlords to provide clear and convincing evidence of their intent to use the rental unit for personal reasons, as outlined in the N12 application.

• Significance: It emphasized the need for landlords to maintain transparency and honesty throughout the eviction process.

Singh v. Brar (2016):

• Summary: This case highlighted the importance of landlords providing sufficient notice to tenants when evicting them under the N12 application. The court emphasized that the 60-day notice period should be strictly adhered to.

• Significance: The case reaffirmed that adherence to legal timelines is crucial in N12 eviction cases.

Bryfman v. Holmyard (2019):

• Summary: This case involved a dispute over whether the landlord genuinely required the rental unit for personal use. The court examined various factors, including the landlord's family size and living arrangements, to determine the validity of the N12 application.

• Significance: The case demonstrated that the court will assess the landlord's circumstances to ensure the intent to use the unit is genuine.

Toronto Community Housing Corporation v. Malick (2020):

• Summary: In this case, the court considered whether a housing corporation could utilize the N12 application. The court clarified that government agencies or corporations could use the N12 application if they meet the criteria outlined in the Residential Tenancies Act.

• Significance: The case provided clarity on the eligibility of government entities to use the N12 application.

Please note that these summaries are based on general legal knowledge and may not reflect the details of specific cases. If you require information on recent cases, it's advisable to consult legal databases or seek the expertise of a qualified paralegal professional in Ontario.

How a Paralegal Can Help a Landlord in the N12 Eviction Process:

Legal Expertise: A paralegal specializing in landlord-tenant matters understands the intricacies of the eviction process. They can guide the landlord through each step, ensuring that all paperwork is correctly filled out and submitted on time.

Ensuring Proper Notice: Serving the N12 notice correctly is crucial. A paralegal can ensure that the notice is legally sound, preventing delays or complications in the eviction process.

Representation at LTB Hearing: A paralegal can represent the landlord at the LTB hearing, presenting the case persuasively and advocating for the landlord's rights.

Collecting Evidence: A paralegal can assist in gathering and organizing evidence, such as proof of unpaid rent and documentation of proper notice.

Negotiating Settlements: In some cases, a paralegal may be able to negotiate a settlement with the tenant before going to the LTB hearing, potentially saving time and legal fees.

Enforcement of Eviction Order: After obtaining an eviction order, a paralegal can guide the landlord through the process of enforcing the order with the Sheriff's Office.

By enlisting the services of a paralegal, a landlord can navigate the N12 eviction process with confidence, increasing the likelihood of a successful outcome and a smoother resolution to the non-payment of rent issue.

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