It is no secret that the application of form N12 can be tricky. There has been a lot of abuse in the past, which led the LTB to implement strict rules, when it comes to terminating a tenancy for own use. It is advisable that the landlord only use this form in situations of good faith, as the penalties for non-compliance can be quite severe. For example, if you are serving a tenant with an N12 and there is a history of problems between you and the tenant, the LTB will most likely assume bad faith on your end. Legal advice is strongly recommended.
The cornerstones of a successful N12 are:
- Residential use of the unit by the landlord or an immediate family member (spouse, child, parent or caregiver)
- Intention to live there for at least one year
- If you are about to purchase the property, a few separate rules apply as well
The N12 comes with a number of obligations towards the landlord. You have to compensate the tenant with 1 month rent or offer another rental unit that is acceptable to them. You can also not break a fixed term lease with the N 12, but can only terminate at the end of a rental period. It can also not be used where the landlord is a corporation.
Consider filing a form L2 (eviction) with the LTB after serving an N12. This makes sense if you want to be proactive and safe time, but also if you believe that the tenant might not actually leave. Don't forget to properly serve the form, i.e. you may hand-deliver, put it in the tenants mailbox or under their door, you may also use a courier or regular mail. Remember that for the L2 as well as other purposes you may be required to prove proper service to the tenant. Documentation of serving, e.g. photos or videos may prove helpful.
For more detailed information, consult the LTB website, with has all the forms and instructions: https://tribunalsontario.ca/ltb/forms/#landlord-forms