1. As a Landlord, you are entitled to evict a tenant for a Landlord's Own use, Child, Spouse, or a Caregiver:
Notice, landlord personally, etc., requires unit.
48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 2006, c. 17, s. 48 (1); 2017, c. 13, s. 7 (1)
***It is important to note that you as the Landlord must own the unit yourself, and not a corporate name. Corporations are not permitted to evict tenants for personal use***
2. To affect the eviction of a Tenant for personal use, Child’s use or spouses use, you have a few immediate things that you must do to prepare for the eviction.
Firstly, you must draft and prepare an N12 Notice and give the current Tenant at least 60 days’ notice. It is fatal to your application if you provide less than 60 days’ notice.
(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. 2006, c. 17, s. 48 (2).
You must also provide the Compensation to the Tenant in an amount equal to one month’s rent or offer another rental unit.
3. Next, you must compensate the tenant the required 1 month’s compensation:
Compensation notice under s. 48.
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. 2017, c. 13, s. 8.
4. If the Tenant Disputes the Notice for an N12 and wishes to stay. You must be prepared to advance your matter before the Landlord and Tenant Board. You will have to prepare and complete an L2 with your evidence:
a. Your Evidence should include an Affidavit from the party that is moving in, and some details that substantiate the intentions of moving in.
b. You should be prepared to show proof that you paid the one month’s compensation.
c. You should be prepared to prove the notice was served in accordance with the rules and have a copy of the certificate of service showing the notice was served.
5. The Landlord and Tenant Board can deny your N12 and permit the tenant to stay under Section 83:
Power of Board, eviction
83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,
(a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
(b) order that the enforcement of the eviction order be postponed for a period. 2006, c. 17, s. 83 (1).
Some reasons the Board may prevent an eviction include:
a. A dying person with serious ailment.
b. Someone under a disability and it is best for their care if they stay put.
c. Postpone eviction for a child to finish the school year.
d. Other reasons the board sees fit.
6. Evictions are often the last remedy under the Residential Tenancies Act at the Landlord and Tenant Board. The Board must balance the rights of a Tenant against those of a Landlord.
Securing an N12 No Fault Eviction is not impossible, and providing you meet the right requirements, and eviction is more than probable. However, you must be aware of some of the problems that can arise for eviction. You must also ensure your legal case is prepared and ready to be presented. It is important you have the evidence you need before a board hearing, and that you can prove you have paid the Tenant’s lawful compensation.
I have attached previous Board Decisions on the Topic. Read through the cases and ask yourself if you believe you have the necessary information and evidence to support your legal cause. Should you have any doubts or concerns, reach out to your Lawyer or Paralegal for specific advice on your matter.
Available upon request
Attached Case laws:
Available upon request