Explained: N12 Notice to End your Tenancy
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- เผยแพร่เมื่อ 5 ก.ค. 2024
- The N12 Notice is a form used to evict a tenant for the personal use of the Owner or their Family.
This is a commonly used notice in Ontario offering 1 month's rent as compensation. We however prefer doing things differently and recommend offering Cash for Keys. This mutual agreement comes with far more certainty and helps to get seller's top dollar for their rental properties.
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So first off the N12 is a Notice to End your Tenancy because the Landlord, a Purchaser or a Family Member requires the Rental Unit. It is the form used to evict tenants for the personal use of the owner or their family and it has been used 3363 times in the past year.
So let’s start with it from the tenants perspective, if you receive this notice it can be quite a shock and it is one of the few legal ways an owner can ask you to vacate a property in Ontario. If it is done in good faith (the landlord or family member is actually moving in) there is basically nothing you can do about it as it is their legal right. However, you do have the right to challenge if the landlord is doing it in good faith with the landlord and tenant board, this will delay the process giving you more time should you need it to find another place and it will require the landlord or their family member to show up to the landlord and tenant board and have a signed affidavit confirming that they will be moving it.
Now there are cases where this is abused and this notice is served to a tenant in bad faith, meaning that the landlord had no intention of moving in. If you are a landlord considering this I would not recommend this as you may be required to pay a fine of up to $25,000 if you are caught and if you own the property in a corporation that fine goes as high as $100,000.
If you are someone who has experienced this multiple times, I’d recommend renting an apartment owned by a corporation that is 6 units or larger. The likelihood of this notice being issued to you in a larger apartment is very unlikely and to risk to the landlord if it's done in bad faith is quite high.
Now if you are a landlord or a buyer of a home with a tenant in it, it is your legal right to serve this notice however be prepared that if the tenant contests it you may not be able to move into the property at the scheduled time.
While it can take some time to possession as the owner of a property it is your legal right to live there yourself or have a family member move in.
If you are involved in a Real Estate transaction where a tenant lives in the property, as the seller if the buyer asks for vacant possession of the property for them or their family members to move in, it can only be done for homes with 1 to 3 apartments. For any larger building the buyer will need to take possession and then serve the notices themselves. If you do own a property with 3 units or less and this happens to you its important to get an affidavit signed by the buyers that they will be moving in. Otherwise if the buyers do not move in and show bad faith, you would be liable as the one who served the notice without getting adequate proof that the buyers were going to move in. It’s not enough that it's in writing in the agreement of purchase and sale.
The dates on this N12 are quite important, the termination date of the N12 which is the date the tenant has to move out must be 60 days from the end of the rental period. So if they typically pay rent on the 1st and its for the 1st through to the end of the money. If you serve the notice for example on June 2nd, you would have to count 60 days from June 30th which is the end of the rental period so it can be as much as 90 days depending on when the notice is issued.
Now I’m personally not a fan of the N12, I much rather prefer doing a cash for keys or lease buyout. This means basically offering the tenant some kind of compensation in exchange for moving out. This way its a mutual agreement, the tenant stands to get some benefit in exchange for the discomfort of finding their next home and potentially paying a higher rental price.
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Thanks. if my child needs to move into the rental unit. during the LTB hearing, does my child need to appear?
Great video. 😊😊
Correction: As of July 22, 2020 - Landlords can be fined $50,000 by the LTB for a bad faith eviction and $250,000 if done by a corporation.
Yes it seems the amount has been increased
What is tenant moved out without n12 ? Because tenant thought email notice from landlord is enough.
Thank you
The form has a portion office use only? what do i do about that portion? send it to both the tenant and tenant board?
I was given an N12 on January 15 , it says we have to move out by March 31st, because the new buyers want to take possession of the place. Do I still have to pay for February and March. We never signed a lease with the landlord we moved in November 17 but paid for the Joel month on Nov1st and they sold this unit Jan 13
Can there be issues getting a tenant out of a multi unit non condo building?
A corporation CAN NOT issue an N12 for "personal use." This includes if a landlord is incorporated. A landlord also has to disclose ALL the N12 notices they issued in the last two years. If a landlord gives notice that they are moving into a unit, they have to live there for a year. So if they've served multiple N12s...why aren't they living in those units?
If you are a tenant, don't sign anything until you have talked to a legal representative. And if a landlord wants to offer you cash for keys, ask for 12 months' rent at the new rate, plus moving costs. I say this because if it's shown to be a "bad faith" eviction, this is what you can ask for when you file a T5. It seems like a lot of money, but the truth is that it won't go far in today's INSANE rental market. And even if you are a standout tenant with perfect credit, you could still be declined. It's illegal for a landlord to ask for a deposit other than last month's rent, but there are many tenants who are offering six or even twelve months in advance as a rental deposit. And a 1-bedroom in Toronto is $2400. Do the math.
Landlord told us he was going to give us our n12 may 1 but didn’t and we would have to be gone June 30. Now since he missed the 1st does he have to wait a whole month and we now have til July 30 ? Is really hard to find specific answers online ..
hi, my tenant is not moving out 90 days after N12 and he also stopped paying rent as well. Should i serve him an N4? or just keep waiting for N12 hearing? If i should give N4 as well, how does this N4 and N12 combined notices will work in LTB? appreciate your feedback. Thanks
We have a rental property ; and tenant agreement is going to end on Dec 15th,2022. Considering personal circumstances, we have decided to move in to the property ; hence we have issued N12 form three months before the end date of the leadse agreement.(September 15th,2022). They were oaky with it. Last week, Tenant came back to us for the compensation ; hence, they gave an option not to deduct for last two months. I wanted to check with my realtor and paralegal, before I confirm on this .. Today, I have responded that I am okay to pay compensation. However, we gave an option . i.e.., In case if they are okay to continue to stay as a tentant, we will cancel N12 and they can proced with their lease on month on month basis after Dec 15,2022. If not, we will be moving in to the property for our own use. Is this a bad faith? I haven't forced anything here. We just send an email comm stating the additional option. Please advise.
Hi my landlord gave me a N12 notice and he got me to sign an agreement notice to end tenancy which I didn't know what it was when I signed it. I can't find a place and I have a month to move out. What can I do? Can I stay and fight it? I also have a three year old son. This has been very stressful.
Is it ok for a Landlord to serve a N12 before he sold the property, use the 60 days to find a buyer ,then sell the house on the 40th day?
Landlord served an N12 notice, 60 days notice, the termination date was end of July. If tenant moves out after the termination date say in September. Does landlord still owe the 1 month compensation ?
My landlord just served us a N12, and claim the OWNER wants to move in.
So would the owner have to give it? Or the landlord is fine?
And also, the house is for sale. Other unit empty as of weeks ago.
Seems like he does not want to move in but sell the house empty. It has for sale signs on the house. So how could he live here for a year if he’s selling it? Makes no sense to me
Question: If you purchase a property with a tenant but the tenant doesn’t have a lease, do you also need to serve N12 or you can just give them verbal notice of eviction?
In order to get it enforced by the LTB and sheriff it would have to be an N12
Not in los angeles county you have to pay relocation assistance from 12 to 28 thousand.
Yes this is specific to Ontario, Canada
yikes
After serving the n12 to tenant and I finally moved to the property that has one spare room, can I take the homestay job or rent the spare room out?
I made a video to answer your question here: th-cam.com/users/shortsSBRNjr4HiNw?feature=share
@@KoukunREI Thank you very much for your helping with a great video.👍
If a tenant is served an N12 for say March 3rd 2022, gives me 10 day notice they will be moving out Feb 3rd 2022. Do I still owe them the compensation?
I'm looking for this answer as well!
@@bszurpicki the answer is yes compensation is owed after serving a N12. The tenant giving an N9 to move out earlier is a result of the N12
@@Vwgti2011 Thank you!
Can the tenant just not pay last month's rent or do you actually have to phsyically pay them? It makes no sense so do they pay you and you return it?
Yoou have to pay the tenant 1 month of rent as compensation BEFORE the termination date of their tenancy which you specified on the N12. Otherwise, your N12 application will be cancelled. Just follow the guidelines to the letter and you'll be good
@@danihabbalthat’s not what they asked because I wanted to know the answer too.
If landlord is going to “give us one month”
Can I just not pay rent instead? We had 60 days to move out so last month is prepaid obviously but the second to last month, can we just not pay and have them not pay us the compensation? Lmao that’s what they were asking basically
My landlord called and advised they would like to serve us with an N12 for a building manager's use not the purchaser. Is this legal under an N12?
I don't believe so, it also maybe worth finding out if the building is owned by a corporation as those are not allowed to use an N12
@@KoukunREI Thanks, is there another form they would be able to use under no fault eviction, aside from an N11 or 13? We have been in this rental unit for 6 years and just now we are dealing with a new Owner. The management group is a corporation but I am not sure if they only manage the property or if they are the Owner.
If its a building that bigger than 6 units it's likely Owned in a corporation, rarely are those bigger buildings held in the personal name of the owner. I haven't heard of a reason of eviction for use of a building manager, I doubt it exists.
@@KoukunREI The property has 9 units in two separate buildings. It is owned by a numbered corporation that has a building management team. They have stated they need it for business purposes and that their building manager who is from waterloo (20 minutes away) needs to move into the unit for business purposes. The N12 they plan to serve us with will be in the property management groups name.
I'd call the LTB and ask for clarification (1-888-332-3234). From reading the N12 Instructions document that they provide, an N12 can only be used when a property is owned personally (not in a corporation) for the use of the owner or owners family or personal caregiver. Any situation outside of these would not be permitted from what I understand.
Hi! I’m a landlord, we had giving the tenants the n12 and the compensation, the tenants moved and we move in the house, after five months we sell our house, and the tenants submitted a t5 saying we’re bad faith, saying we’re not reside in the house, is it illegal to sell our house?
Yes, you vacated someone from their home, for your personal gain. It says you will stay for a year. Not 5 months then sell. You will be fined for bad faith. This is why there should be licenses for being a landlord 99% of them are scum. I hope you get the maximum fine.
@@GrahamMasters87 99%??? where did you get this stat? you're definitely a dreamer?
@@dalaov5258 I'm sorry is that supposed to be an insult? Being a dreamer?. I can see you stumbled across this because you are a landlord trying to get someone out, and don't know the RTA. You are part of that 99%. Scumlord