Application for Repossession After Abandonment (N12)

Repossessing a Rental Property After Abandonment

When a tenant leaves a rental property without providing notice or fulfilling their obligations under the lease, it can cause confusion and potential financial hardship for a landlord. In such cases, you can apply for repossession of the property using the Application for Repossession After Abandonment (N12). This legal process allows landlords to regain possession of the rental unit when the tenant has abandoned it.

What is the N12 Application?

The N12 Application for Repossession After Abandonment is a legal document used by landlords to regain possession of a rental property when a tenant has vacated the unit without giving proper notice or without fulfilling the terms of the lease agreement. It is commonly used when the tenant has left the property in violation of the lease or without providing notice, making it necessary for the landlord to apply for legal repossession.

When Can You Use the N12 Application?

You can use the N12 Application if the tenant has abandoned the rental unit, and you want to regain possession of the property. This situation typically occurs under the following conditions:

Tenant Has Moved Out: The tenant has physically vacated the unit, and there is evidence they have abandoned the property.
No Formal Notice: The tenant has not given proper notice of their intention to vacate, which would normally be required under the lease agreement.
Failure to Pay Rent: The tenant has stopped paying rent and has failed to provide communication regarding their absence or intentions.
Damage or Neglect: The tenant has left the property in a state of disrepair or neglect, and the landlord wishes to regain possession to make necessary repairs.

It is important to verify that the tenant has truly abandoned the property before filing for repossession.

How to File the N12 Application

Filing an N12 Application for repossession of a rental unit is a legal process that requires careful attention to detail. Here’s a step-by-step guide on how to file the application:

Verify Abandonment: Before filing the N12 application, ensure that the tenant has indeed abandoned the rental unit. This can be done by confirming that the tenant has not made payments, communicated their intentions, or been in contact for a prolonged period.
Complete the N12 Form: The N12 form must be filled out accurately with details such as the tenant’s name, the address of the rental property, and the circumstances that led to the abandonment. The form will also require a statement explaining why you believe the tenant has abandoned the unit.
Serve the Tenant: Once the N12 application is complete, you must serve a copy of the form to the tenant. If the tenant cannot be located or served in person, you may need to follow additional procedures, such as posting the notice on the property or sending it by mail.
File with the Landlord and Tenant Board (LTB): After serving the tenant with the N12 notice, file the application with the Landlord and Tenant Board (LTB). The LTB will then schedule a hearing to determine if the repossession can proceed. The LTB may ask for evidence of abandonment and other relevant documentation.
Attend the Hearing: If the tenant does not dispute the abandonment, the LTB will likely approve the repossession. However, if the tenant challenges the application, both parties will need to present evidence at the hearing. The LTB will review the facts and issue a decision regarding the repossession.
Enforce the Order: If the LTB rules in your favor, and the tenant is confirmed to have abandoned the property, the LTB will issue an order allowing you to regain possession of the rental unit. If necessary, you can enforce the order with the help of the Sheriff’s office.

Common Issues and Considerations

When filing for repossession under the N12 application, landlords should be aware of common issues that may arise:

Tenant Disputes: Tenants may dispute the claim of abandonment, especially if they believe they have not violated the terms of the lease agreement.
Improper Notice: If proper notice has not been served or if the procedure is not followed correctly, the application may be delayed or dismissed.
Unlawful Eviction: If the tenant has not truly abandoned the property, filing for repossession without proper grounds can result in an unlawful eviction claim.

How a Paralegal Can Assist with the N12 Application

Navigating the N12 application process can be complex, especially when dealing with tenants who may dispute the abandonment claim. A paralegal can help in the following ways:

Prepare and Submit the N12 Application: A paralegal can ensure the N12 form is completed accurately and filed with the proper legal authorities.
Serve the Notice: They can help you serve the notice to the tenant in accordance with legal requirements.
Provide Representation at LTB Hearing: If the tenant contests the application, a paralegal can represent you at the LTB hearing, presenting evidence and ensuring that you follow the proper procedures.

Take Action Today

If you believe your tenant has abandoned the property and you wish to regain possession, the N12 Application for Repossession After Abandonment is the right legal tool to move forward. It’s important to follow the proper process to ensure your rights as a landlord are protected and to avoid delays in reclaiming your rental property.

Need Assistance with the N12 Application?

If you’re facing challenges with a tenant who has abandoned the property, we can help guide you through the N12 application process. Contact us today for professional assistance in repossessing your rental unit and ensuring that all legal procedures are followed properly.