Application for Repossession After Abandonment (N12)

Regaining Possession After Tenant Abandonment

As a landlord, managing a rental property comes with various challenges, and one of the most complex situations is dealing with a tenant who abandons the property without notice. If this happens, the Application for Repossession After Abandonment (N12) is the formal process you need to follow to regain possession of your unit legally and resolve the issue.

What is the N12 Application?

The N12 Application is used by landlords when a tenant abandons the rental unit before the end of the lease agreement. This application allows landlords to request the LTB to authorize repossession of the rental unit due to abandonment and, if necessary, to remove the tenant from the property. The N12 form is specifically used in situations where a tenant has left the property without providing proper notice, thereby breaching the terms of the lease.

When Should You File an N12 Application?

You should consider filing the N12 Application for repossession if:

The tenant has abandoned the property: This occurs when the tenant vacates the rental unit without informing you or providing notice as per the lease agreement.
The tenant has not paid rent or vacated without notice: If the tenant has missed rent payments and you have reasonable evidence to prove they have abandoned the property, you can file the N12 Application.
The tenant has left personal belongings behind: If the tenant has left personal items behind, it could be a sign of abandonment, and you can file for repossession after proper notice.

It’s important to note that the N12 Application cannot be filed until after the tenant has vacated the unit. If they have left without notice but are still in possession, a different legal process may be required.

Steps to File the N12 Application

Filing the N12 Application for repossession involves the following steps:

Confirm Abandonment: Before filing the N12 Application, you need to confirm that the tenant has indeed abandoned the property. You should check the unit and attempt to contact the tenant. If they have left personal belongings behind or have stopped paying rent, it may indicate abandonment.
Serve the Tenant with a Notice of Abandonment: If you determine that the tenant has abandoned the property, you must provide them with a formal Notice of Abandonment. This notice should inform the tenant that you are seeking repossession of the unit due to abandonment.
Complete the N12 Application: The N12 Application requires you to fill out the appropriate forms, providing information about the tenant, the property, and the reason for repossession. You will also need to include any supporting documentation that proves the tenant has abandoned the rental unit, such as missed rent payments, communication attempts, or evidence of personal belongings left behind.
Submit the Application to the LTB: Once the N12 form is completed, submit it to the Landlord and Tenant Board. The LTB will process the application and schedule a hearing to review the case.
Attend the LTB Hearing: At the hearing, you will present your evidence of abandonment, and the tenant will have the opportunity to dispute the claim. The LTB will then make a decision based on the evidence provided. If the LTB determines that the tenant has abandoned the unit, they will issue an order for repossession.

Possible Outcomes of the N12 Application

The outcome of the N12 Application will depend on the evidence presented and whether the tenant contests the abandonment. Possible outcomes include:

Repossession Order: If the LTB determines that the tenant has abandoned the unit, they will issue an order allowing you to take possession of the rental property.
Dismissal of the Application: If the tenant can prove that they have not abandoned the unit or that they had a valid reason for leaving, the LTB may dismiss the application and the tenant may be allowed to return to the property.
Payment Agreement: If the tenant disputes the abandonment and offers to pay outstanding rent or return to the unit, the LTB may order a payment arrangement or a return of the tenant.

How to Avoid Abandonment Issues

While abandonment is an unfortunate situation, you can take steps to reduce the likelihood of it happening:

Maintain Clear Communication: Stay in regular communication with your tenants and address any issues early to avoid misunderstandings that could lead to abandonment.
Include Abandonment Clauses in the Lease: Ensure that your lease agreement has clear terms about abandonment, including what constitutes abandonment and what steps will be taken if the tenant leaves without notice.
Monitor Rent Payments: Keep track of rent payments and follow up with tenants immediately if they miss payments to avoid the risk of abandonment.

How a Paralegal Can Help with the N12 Application

Filing the N12 Application involves legal complexities that can benefit from professional assistance. A paralegal can help you with:

Preparing and Filing the N12 Application: A paralegal can ensure that all necessary forms are completed accurately and submitted on time to the LTB.
Gathering Evidence of Abandonment: They can help collect and organize evidence to prove that the tenant has abandoned the unit, such as rent payment records, communication logs, and photos of personal belongings left behind.
Representation at the Hearing: If the tenant contests the claim, a paralegal can represent you at the LTB hearing and present your case effectively.

Contact Us for Help with Abandonment and Repossession

If you’re dealing with a tenant who has abandoned your rental property and you need to file the N12 Application, we are here to assist you. We can help you navigate the legal process, represent your interests at the hearing, and ensure that you regain possession of your property quickly and legally.

Need Assistance with Tenant Abandonment?

If you suspect tenant abandonment or need help filing the N12 Application, contact us today. We can provide the support you need to protect your rental property and resolve the situation swiftly.