What Are the Legal Reasons for Issuing an N12 Notice?
At Gangadin & Company Legal Services, we explain the legal reasons behind issuing an N12 Notice, ensuring both landlords and tenants fully understand their rights and obligations under Ontario's tenancy laws.
Personal Occupancy by the Landlord or Family Member
The primary legal reason for issuing an N12 Notice is when a landlord requires the rental unit for personal use or for use by a close family member. This includes situations where the landlord or their family member intends to move into the unit, such as a parent, child, or spouse. In these cases, the landlord must provide the tenant with at least 60 days' notice and a clear statement of intent regarding who will be occupying the unit.
At Gangadin & Company Legal Services, we guide landlords through the process of properly serving the N12 Notice to ensure it meets legal requirements. Tenants must be informed that this reason for eviction is valid only when the landlord or family member genuinely intends to move in, not as a means of circumventing proper eviction procedures. We also help tenants understand their rights, including the possibility of compensation if the N12 Notice is issued improperly.
Property Sale and New Owner’s Intent to Occupy
Another legal reason for issuing an N12 Notice is when the landlord is selling the property, and the new owner intends to occupy the unit. In this case, the landlord can serve the N12 Notice to the tenant, provided they inform the tenant that the new owner requires the unit for personal use. The notice must be issued with the same 60-day notice period to give the tenant enough time to vacate.
However, landlords must be aware that if the property is sold to someone who does not intend to occupy the unit, or if the tenant finds that the notice was issued in bad faith, they may have legal grounds to contest the eviction. Gangadin & Company Legal Services helps both landlords and tenants understand the N12 Notice and its proper use. We provide legal support to ensure that all parties comply with the law, ensuring fair treatment for both landlords and tenants during property sales.