Evict A Tenant For Personal Use Ontario

How to Evict a Tenant for Personal Use in Ontario

If you’re here because you need to reclaim your rental property for personal use in Ontario, you’re in the right place. It’s crucial to start the eviction process as soon as possible. Evicting a tenant for personal use in Ontario involves specific legal steps, and we’re here to guide you through it.

This article will walk you through everything you need to know about evicting a tenant for personal use in Ontario. We’ll cover each step in detail and address all your concerns by the end. If the process seems daunting, remember that our team at Sturino Walker Legal is ready to support you every step of the way.

Let’s work together to get you back in your home.

Understanding how to Evict a Tenant for Personal Use Ontario

Evicting a tenant for personal use means that the landlord intends to use the rental unit for themselves, their family members, or someone who will provide care services to them. This reason for eviction is legitimate but requires the landlord to follow precise legal steps to avoid disputes and potential legal challenges.

Legal Requirements for Evicting a Tenant for Personal Use

The Residential Tenancies Act specifies that landlords must provide tenants with a Notice to End your Tenancy for Landlord’s or Purchaser’s Own Use (Form N12). This notice must be given with at least 60 days’ notice before the end of the lease term. Note that the date of termination must coincide with the end of the term or the end of a rental period.

1. Issuing Form N12:

This form must state that the landlord or a close family member intends to occupy the unit for at least one year. Falsely claiming this need can lead to penalties under the Residential Tenancies Act.

2. Compensation:

In Ontario, landlords are required to either offer another acceptable rental unit or pay the tenant an amount equal to one month’s rent as compensation. This must be done before the termination date specified in the notice.

3. Documentation and Proof:

Landlords should keep thorough documentation of their intentions to move into the unit. This can include plans for moving in, correspondence related to the move, and other relevant documents. This can be important if the tenant disputes the eviction.

evict a tenant for personal use ontario - N12 Notice

Steps to Evict a Tenant for Personal Use Ontario

If the tenant disagrees with the eviction or refuses to leave, the landlord may need to file an application with the Landlord Tenant Board for a hearing. During the hearing, both parties can present their case, and the Board will make a decision based on the evidence provided.

1. Issue the Proper Notice:

The Form N12 Notice is the official “Notice to End your Tenancy For Landlord’s or Purchaser’s Own Use.” You must give this to your tenant at least 60 days before the lease ends, aligning with the end of the rental period or lease term.

2. Provide Compensation to the Tenant:

The law requires landlords to either offer another comparable rental unit or compensate the tenant with an amount equal to one month’s rent. This payment must be made before the termination date on the notice.

3. Filing the Application:

After serving the N12 notice, the landlord must file an application to the Landlord Tenant Board to obtain an order to evict. The Application for this type of Notice is an L2 Application.

4. Preparing for the Hearing:

Collect all necessary documents and evidence supporting the claim of needing the unit for personal use. This includes communication with the tenant, the N12 notice, and any proof of your need to use the property personally.

5. Attending the Hearing:

During the hearing, present your case clearly and professionally. It’s advisable to seek legal advice or representation, especially in complex cases.

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Common Questions About how to Evict a Tenant for Personal Use Ontario:

Can you evict a Tenant for a family member to move in?

Yes, landlords in Ontario can evict tenants if they or their immediate family members (including parents and children) plan to occupy the unit. The same process and forms apply.

What is the notice period to evict a tenant for personal use Ontario?

The notice period is at least 60 days after you give the Tenant the N12 Notice. The termination date must coincide with the end of the lease term or the rental period.

What happens if you don’t give 60 days notice in Ontario?

If an Ontario landlord fails to give a 60-day notice for termination, several legal repercussions could follow. Under the Residential Tenancies Act, the tenant is not required to vacate without proper notice. If you were to file the application without giving 60 days’ notice, it would be dismissed in court

How much money does a Landlord have to give a Tenant to move out?

In Ontario, when a landlord wants to evict a tenant for personal use Ontario, the landlord is legally required to provide one month’s rent compensation to the tenant. The payment must be given to the tenant before the termination date specified in the eviction notice. This financial requirement is intended to assist the tenant in covering moving expenses or the increased cost of new accommodations. This rule ensures a fair transition for tenants who need to vacate a property so that landlords can use it for their own purposes or for their immediate family members.

evict a tenant for personal use ontario - writing cheque

What eviction notice do I use to Evict a Tenant for Personal Use Ontario?

To evict a tenant for personal use Ontario, landlords must use Form N12, titled “Notice to End your Tenancy For Landlord’s or Purchaser’s Own Use.” The Landlord Tenant Board provides this form, which can be found here.

What should a landlord do if a tenant refuses to vacate after the notice period?

If a tenant refuses to vacate after the N12 notice period, the landlord should apply to the Landlord Tenant Board. Here, the Landlord can obtain an eviction order. The sheriff will enforce this order if necessary.

Can you evict a Tenant without a lease in Ontario?

Landlords can evict a tenant for personal use even if there is no fixed-term lease agreement in place. However, the proper procedure must still be followed, which includes providing a valid N12 notice. The notice must be in writing and delivered 60 days before the eviction date, aligning with the end of a rental period.

Is a text message considered written notice in Ontario?

It is important to note that a text message is not considered written notice under the Residential Tenancies Act. Landlords must ensure the notice is provided in a recognized format recognized by the Landlord Tenant Board.

What reasons can you evict a Tenant in Ontario?

In Ontario, a landlord can evict a tenant on several grounds as stipulated by the Residential Tenancies Act. These grounds include non-payment of rent, persistent late payment, and significant damage to the property. Other reasons are illegal activities on the premises, substantial interference with others’ rights, and eviction for personal use. Each ground requires landlords to follow specific procedures and provide proper notice. This ensures the eviction process is fair and legal.

Learn more about how a Landlord can evict a Tenant in Ontario by reading our article “13 Reasons to Evict a Tenant in Ontario”

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