Receiving an eviction notice from landlord is frightening, particularly in the form of an N12 eviction notice. Most tenants in Ontario do not know what this notice is, if they need to vacate immediately, or if they have any legal right to remain.
The short answer? You have rights, and learning about them is the first step towards defending yourself.
Let’s take apart exactly what an N12 is, what it lets your landlord do, and most importantly, what you can do now if you’ve been served one.
Understanding the N12 Notice
A notice is served when a landlord says they (or an immediate family member) wish to occupy the rental space for their use. It may also be applied if the property has changed hands and the new owner or their family intends to occupy it.
But it’s worth noting that serving this notice does not necessarily mean you have to vacate the property. The N12 is merely the beginning of a legal process. It has to be followed by an application to the Landlord and Tenant Board (LTB), and you are entitled to a hearing before any eviction order can be made.
Most tenants think they’re helpless once they get the notice, but Ontario legislation has a number of protections.
Do You Have to Move Out After Receiving an N12?
Not right away. An eviction notice from Landlord should provide you with at least 60 days’ notice, ending on the final day of a rental cycle. But even then, you are not obligated by law to vacate unless the LTB orders your eviction.
You have the right to contest the N12 if you think it was issued in bad faith, if the landlord is going to re-rent the unit for more money, or start renovating. Bad faith evictions are a problem that is on the increase, and the LTB takes them seriously when established.
This is where having a landlord and tenant paralegal on your side can come in handy. They can prepare you for the hearing, gather evidence, and represent you strongly.
Signs the Eviction Might Be in Bad Faith
There are a few red flags that suggest the N12 eviction notice is not authentic. While not all landlords are dishonest, some might use this form to evict tenants for more rent or other reasons. Watch out for the following:
- The rental unit is available for rent the moment you vacate
- The landlord makes you an offer of money to vacate in a hurry (no LTB intervention)
- The landlord or “family member” never moves in
- You recently denied a rent hike or have been complaining about repairs
- Other tenants in your building have received similar notices
If you suspect bad faith, keep a record. Text messages, postings, and witness statements can all be helpful evidence for your case at the LTB.
How a Landlord and Tenant Paralegal Can Help
Facing eviction, especially one that feels unfair, can be overwhelming. That’s where a landlord-tenant paralegal comes in. These licensed professionals know Ontario’s tenancy laws and can advocate on your behalf at the LTB.
They can advise you on whether your landlord is legally entitled to evict you, what your legal options are, and how best to present your argument.
If you wish to dispute the eviction on all grounds or to negotiate improved terms, having a paralegal representation significantly enhances the chances of a successful result.
In most cases, a paralegal can identify defects in the landlord’s application or present proof of bad faith that the LTB will take seriously.
Should I Accept a Cash-for-Keys Offer?
Certain landlords attempt to expedite the process by paying tenants a lump sum to vacate voluntarily, more popularly referred to as a “cash-for-keys” agreement. While this is a valid consideration, caution must be exercised when considering it.
Always have any agreement in writing, and do not be rushed to make a decision. It is a good idea to speak with a landlord and tenant paralegal first before accepting. They can determine if the offer is reasonable and assist in negotiating terms that safeguard your rights, such as timelines, moving fees, or forgiving back rent.
Conclusion: Know Your Rights, Get the Right Help
Receiving an eviction notice from landlord in the form of an N12 eviction notice doesn’t necessarily mean you must vacate immediately, or without a fight. Ontario’s tenancy legislation gives tenants valuable protections, particularly against bad-faith evictions.
Before you do anything, it’s important to know your legal position and obtain proper advice. Whether you’re looking to dispute the eviction, negotiate improved terms, or simply need someone to accompany you to the Landlord and Tenant Board, a certified landlord and tenant paralegal can assist in leveling the playing field.
If you’re a landlord wanting to know your responsibilities or serve notice correctly, a professional Landlord Service can also avoid legal errors and disagreements.
Either way, being aware of your rights and having proper assistance will be the difference in successfully resolving your housing problem justly and legally.
Frequently Asked Questions
What is an N12 eviction notice?
An N12 eviction notice is issued when a landlord or their immediate family member wishes to occupy the rental unit. It provides tenants with 60 days’ notice but does not ask them to vacate unless the Landlord and Tenant Board ratifies it.
Can my landlord evict me by simply issuing an N12?
No. A landlord eviction notice, such as the N12, has to be preceded by a hearing and an order of the Landlord and Tenant Board. Tenants can contest the notice.
What do I do if I receive an N12 notice?
You should seek out a landlord-tenant paralegal immediately. They can advise you on your rights, organize evidence, and advocate for you at the hearing if necessary.
Am I entitled to compensation for a bad-faith eviction?
Yes. If a landlord issues an N12 in bad faith, the tenant may be eligible to receive up to 12 months’ rent as compensation. Proof is established by documentation.
Why would landlords employ a Landlord Service?
With the use of a Landlord Service, there is adequate notice, no legal errors, and an enhanced likelihood of an amicable eviction process. It can also avoid expensive disagreements with tenants.