LandlordEzy

N12 served, tenant won't leave — can you go straight to sheriff?

by LandlordEzy Team · · 1 views 🆘 Paralegal review
Scenario: you served an N12 with proper notice and compensation, the termination date has passed, and the tenant hasn't moved. What's the enforcement path?

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OLH Property Management 📌 Pinned ·
You can't go straight to sheriff — you need an LTB order first. Steps:

1. **File Form L2** for termination based on N12, within 30 days of the termination date. Attach the N12, proof of compensation paid, and the N12 affidavit confirming good-faith intent.
2. **Hearing.** L2 hearings are scheduled 2-5 months out currently. The tenant can defend on bad faith (T5 counterclaim is common here).
3. **Order issues.** If granted, you have an enforceable order.
4. **File with Sheriff** for enforcement. Sheriff scheduling is 4-12 weeks depending on region.

What the LTB looks for at the L2 hearing: the N12 was served properly, the compensation was paid in advance, and the intended occupant's good-faith intent is documented (sworn affidavit, ideally with corroborating evidence like a school enrollment, lease termination on their current unit, sale of their current home).

If the N12 was served as a purchaser N12, the purchaser themselves usually has to attend or provide an affidavit.

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