New Owner Eviction Notice Template for Canada

When you purchase a rental property in Canada and intend to move into it yourself, you need to provide your tenants with a New Owner Eviction Notice. This legal document formally notifies existing tenants that their tenancy will be terminated because you, as the new owner, require the property for personal use or for immediate family members.

When do you need this document?

You need this notice when you've recently purchased a rental property and plan to occupy it as your primary residence or provide it to immediate family members. The notice is also required if you're purchasing a property where the current owner has already served notice but the tenancy hasn't yet ended. In some provinces, you may need this document when converting rental units to condominiums or making substantial renovations that require vacant possession. The key requirement is that your intention to occupy must be genuine and in good faith, not merely a pretext to remove tenants.

Key legal considerations

Your notice must demonstrate genuine intention to occupy the property, as provincial laws require good faith in owner occupation claims. Most provinces mandate a minimum 60-day notice period, though this varies by jurisdiction, and some require longer periods for certain tenant types or lease situations. You may be required to provide compensation to tenants, typically equivalent to one month's rent, depending on your province's regulations. The notice must include specific information such as the exact termination date, your contact information as the new owner, and details about the tenant's rights including potential right of first refusal if you later decide to re-rent the property. Failure to comply with provincial requirements can result in the notice being invalid and potential penalties.

Legal requirements in Canada

Each province has its own Residential Tenancies Act governing eviction procedures, so requirements vary significantly across Canada. In Ontario, you must use the official N12 form and provide 60 days' notice plus compensation equal to one month's rent. British Columbia requires two months' notice and compensation, while also mandating that you occupy the property for at least six months. Alberta requires 90 days' notice for periodic tenancies and doesn't mandate compensation in all cases. Quebec has different rules entirely, requiring applications to the housing tribunal in most situations. You must also ensure compliance with the Canadian Charter of Rights and Freedoms, which protects against discriminatory evictions. Some provinces require you to offer the tenant the right of first refusal if you decide to re-rent within a specified period, typically one year.