The N12 Notice is a form used in Ontario by landlords to end a tenancy to sell the property or have a family member move in.
This notice is governed by the Residential Tenancies Act and must follow specific rules to be valid.
When to Serve an N12 Notice
An N12 Notice in Ontario can be served when the landlord intends to sell the property and the buyer or their family member intends to move in.
It can also be used when the landlord intends to have a family member move in and occupy the rented unit as their principal residence.
The notice must be served at least 60 days before the termination date specified in the notice.
How to Properly Serve an N12 Notice
To properly serve an N12 Notice, the landlord must provide the notice in writing and ensure it is delivered personally to the tenant or sent by registered mail.
It is important to keep proof of service and fill out the Certificate of Service.
The notice must include specific information, such as the reason for termination, the termination date, and the name and address of the Landlord.
Consequences of Failing to Serve an N12 Notice
Failing to serve an N12 Notice properly can have legal consequences for the landlord.
The tenant may dispute the termination and apply with the Landlord and Tenant Board.
If the Board finds that the notice was not served properly, it may invalidate the notice and the tenancy may continue.
Impact of Selling the Property
Selling the property after serving an N12 Notice can have financial and legal implications.
The landlord must ensure they comply with all relevant laws and regulations regarding the sale of the property.
They may also need to provide access for showings and inspections as required.
Potential Ramifications of Tenant Non-Compliance
If the tenant does not comply with the N12 Notice and refuses to vacate the premises, the landlord may need to take legal action to enforce the termination.
This can involve applying to the Landlord and Tenant Board for an eviction order and seeking assistance from the Sheriff’s Office to physically remove the tenant if necessary.
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