How to: Evicting for the Landlord or Purchaser's own use with Form N12

This is by far amongst the most commonly abused notices the Landlord and Tenant Board (LTB) will hear. While I will outline the rules for the form in a moment, I would like to start with a word of warning to all Landlords. Section 57 of Residential Tenancies Act allows a tenant to bring a T5 if they believe an N12 notice was given in bad faith. If the board finds that the N12 was given in bad faith, some of the remedies ordered can be:

- the tenant’s moving or storage expenses,

- one year of the difference between the tenant’s new and old rent, and/or

- fines to the board.

Check out our blog post here about T5 applications to learn more.

I am often asked how to us a Form N12 to evict a tent for the landlord or purchaser's own use. To begin with, the LTB Form N12 is a notice of the Landlord or Purchaser's intent reside in the home, or to have their approved family member(s), or care provider(s) to reside in the unit. This means, in practicality, that someone will have to sign an affidavit swearing or affirming an intent to live in the unit as their primary residence for not less than a year.

From a technical standpoint, the most common errors with an N12 are in calculating the termination date. First, it must be a minimum of 60 days from when the form is served, and the termination date must be the last day of the rental period. This means for a common lease, where the tenant rents month-to-month with rent due on the first of each month, if notice is served on the 15th of September, the termination date would be 30 November. Any errors in the termination date on an N12 tend to be fatal to the subsequent application. This includes a termination date of "31 November" as it doesn't exist. Keep in mind that a Notice is not an Application, and you will have to file an L2 with the Landlord and Tenant Board for a hearing date if you need an order for vacant possession.

As always, remember that this blog should not be taken as legal advice and is no substitute for a consult about your specific facts. If you have questions, call Jon today at 519-564-3242.