Terminating A Tenancy For Personal Use Of Sale Of The Property

At the end of the term of the residential lease, if the landlord decides that they (or an immediate family member) would like to live in the property or if they choose to sell it and the buyer (or an immediate family member) would like to live in the property, the landlord can give notice to their tenant to terminate the lease. In both instances the same notice, the N12 form will be used.

Notice Period

If a landlord is giving notice under the N12 they are required to give at least 60 days notice to the end of the term. This means that the termination date has to be at the end of the rental term. For example, if the tenancy is from the 1st of the month to the end of the month, the termination date has to be at the end of the month, even if that means the notice period is longer than 60 days. Also, this form can only be used at the end of the tenancy. A landlord cannot give this notice form during the tenancy and cut the lease short.

Personal Use

If the landlord or an immediate family member (parent, spouse or child) would like to move into the rental unit, the landlord can serve the tenants with an N12 notice. There are new requirements since September 2017 that the individual who requires the unit remain in the unit for at least a year.

Further, there is also a new requirement that the tenant be provided with one month’s compensation of rent or the landlord can offer the tenant another rental unit that is acceptable to them. This requirement must be met before the termination date on the notice of termination. If the tenant does not leave by the termination date and the landlord moves to obtain an order for eviction, the landlord and tenant board will not issue an order the tenant unless the landlord has satisfied this obligation.

Sale by Landlord

If a landlord is providing the tenant notice of termination because of the sale of the rental unit, the landlord must already have a signed Agreement of Purchase and Sale, prior to providing said notice. The purchaser may be required to also file an affidavit stating they require the rental unit for personal use.

When giving notice to the tenant because of the sale of the property, the landlord is not required to provide any form of compensation to the tenant.