Selling a rental property or deciding to move into a rental unit does not automatically end an Ontario tenancy. In most cases, a landlord who genuinely requires the unit for personal residential occupation must follow the N12 eviction process established by the Residential Tenancies Act, 2006 (“RTA”).
The N12 process has strict requirements. The landlord must identify an eligible occupant, give at least 60 days’ notice, select a valid termination date, compensate the tenant and prove that the intended occupant genuinely plans to live in the unit for at least one year.
An error in the notice or supporting documents can result in the Landlord and Tenant Board (“LTB”) dismissing the application. A landlord paralegal can help a housing provider assess eligibility and complete the process correctly.
Important: This article contains general legal information and is not legal advice. N12 applications are highly fact-specific.
What Is an N12 Notice in Ontario?
Form N12 is formally called a “Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit.”
A landlord may use an N12 notice when an eligible person genuinely requires the rental unit for residential occupation. It is commonly used where:
• The landlord intends to move into the rental unit;
• An eligible member of the landlord’s family intends to move in;
• An eligible caregiver intends to live in the unit; or
• A purchaser or eligible member of the purchaser’s family intends to move in after a sale.
An N12 is not an eviction order. It is only the first step in the legal process. If the tenant does not move out voluntarily, the landlord must apply to the LTB and obtain an eviction order.
Who Can Move In Under an N12 Notice?
The RTA limits the people for whom an N12 notice may be given. For a landlord’s own-use application, the intended occupant can generally be:
• The landlord;
• The landlord’s spouse;
• The landlord’s child;
• The landlord’s parent;
• The landlord’s spouse’s child;
• The landlord’s spouse’s parent; or
• A person who provides or will provide care services to the landlord or an eligible family member.
The family-member category is narrower than many landlords expect. An N12 generally cannot be used because a landlord wants a sibling, cousin, grandparent, grandchild, aunt, uncle, friend or other extended family member to occupy the unit.
A family relationship alone is also insufficient. The named person must genuinely require the unit as a residence.
Can a Corporate Landlord Serve an N12 for Personal Use?
An N12 for a landlord’s own use is generally available only where the rental unit is owned, in whole or in part, by an individual and the landlord is an individual.
A corporation cannot ordinarily claim that it personally requires a rental unit for residential occupation. The fact that a corporation is owned by one person or a family does not necessarily permit it to serve an N12 for a shareholder, director or shareholder’s family member.
The ownership structure should be reviewed before the notice is served.
Can a Landlord Serve an N12 for a Purchaser?
A landlord may sometimes give an N12 notice on behalf of a purchaser after entering into a binding Agreement of Purchase and Sale.
For a residential complex containing no more than three residential units, the notice may be based on a good-faith requirement for occupation by:
• The purchaser;
• The purchaser’s spouse;
• The purchaser’s child or parent;
• The child or parent of the purchaser’s spouse; or
• A person providing care services to the purchaser or an eligible family member.
Separate rules apply to condominium units. A purchaser-use N12 is subject to specific ownership and property requirements, so the Agreement of Purchase and Sale and property structure should be reviewed before the notice is issued.
A landlord should not serve an N12 merely because the purchaser wants the property vacant. The purchaser or another eligible person must genuinely intend to occupy the unit as a residence.
Does the Property Have to Be Sold Before an N12 Can Be Served?
A landlord generally requires a binding Agreement of Purchase and Sale before serving an N12 on behalf of a purchaser. A listing agreement, intention to sell or conditional plan to put the property on the market is not, by itself, enough.
Landlords should obtain a written declaration from the purchaser or intended occupant confirming the proposed residential use. The purchase agreement should also be reviewed for conditions that could affect whether the transaction is sufficiently firm to support the application.
What Does “Good Faith” Mean in an N12 Eviction?
Good faith concerns the landlord’s or purchaser’s genuine intention at the time the N12 notice is given.
The person identified in the notice must honestly intend to occupy the rental unit for residential purposes. The LTB is not deciding whether the landlord’s housing choice is objectively necessary or reasonable. It is deciding whether the stated intention is genuine.
Evidence of good faith may include:
• A clear explanation of why the intended occupant requires the unit;
• The intended move-in date;
• The intended occupant’s present housing circumstances;
• Employment, schooling, health or caregiving considerations;
• Plans to sell or end occupancy at the person’s current home;
• Correspondence predating the N12 notice;
• The Agreement of Purchase and Sale, for purchaser-use cases; and
• A consistent declaration from the intended occupant.
The landlord should ensure that the evidence presented at the hearing is consistent with the reason stated in the N12.
How Long Must the Landlord or Family Member Live in the Unit?
The person identified in the N12 must genuinely intend to occupy the rental unit for at least one year.
The landlord must file a declaration or affidavit from the intended occupant stating that they require the unit in good faith for their personal residential use for at least one year. The LTB will not accept an N12-based L2 application without this supporting document.
The one-year requirement should be treated as a genuine commitment, not simply a waiting period after which the unit can automatically be re-rented.
Unexpected events can sometimes change an intended occupant’s circumstances. Landlords should retain evidence explaining any legitimate change in plans.
How Much Notice Must a Landlord Give on an N12?
An N12 notice must provide the tenant with at least 60 days’ notice.
The termination date must also:
• Be the final day of a rental period; and
• Not be earlier than the final day of a fixed-term tenancy.
For example, if rent is paid on the first day of each month, the termination date will ordinarily be the last day of a month. If the tenant has a fixed-term lease, the termination date cannot fall before that lease expires.
Miscounting the notice period or selecting an invalid termination date can make the N12 defective.
How Should an N12 Notice Be Served?
The landlord must serve the completed N12 using a method permitted by the LTB’s Rules of Procedure.
The landlord should keep detailed evidence of service, including:
• A copy of the completed N12;
• The date and time of service;
• The method of service;
• The address where it was served;
• The name of the person who served it; and
• Any supporting delivery record.
Different service methods may have different deemed-receipt rules. A landlord should calculate the termination date using the applicable service rules rather than assuming the notice was received immediately.
Does a Landlord Have to Compensate the Tenant?
Yes. The landlord must either:
• Pay the tenant an amount equal to one month’s rent; or
• Offer the tenant another rental unit that the tenant considers acceptable.
The compensation must be provided no later than the termination date stated in the N12 notice. This obligation applies to both landlord-use and purchaser-use N12 notices.
For a purchaser-use notice, the compensation obligation belongs to the current landlord who served the N12, not the purchaser.
The payment should be clearly documented as statutory N12 compensation. The landlord should preserve proof of delivery or payment.
Failure to pay the required compensation on time can prevent the LTB from granting the eviction application.
Can the Landlord Apply to the LTB Before the N12 Termination Date?
Yes. After serving the N12, the landlord may file Form L2 with the LTB without waiting for the termination date to arrive.
Filing promptly may help reduce delay, but the application must be complete and accurate. A landlord must file the L2 no later than 30 days after the termination date stated in the N12.
The application must generally include:
• A copy of the N12 notice;
• A certificate describing how the notice was served;
• A declaration or affidavit signed by the intended occupant;
• Information about N12 and N13 notices the landlord gave during the previous two years;
• The application fee; and
• Any other information required by the LTB.
Why Must Previous N12 and N13 Notices Be Disclosed?
A landlord filing an N12-based L2 application must provide information about other N12 or N13 notices given during the preceding two years.
The required disclosure applies to notices involving the same unit and notices for other rental units owned by the landlord. The landlord must generally disclose:
• The date of each notice;
• The rental unit’s address;
• The person identified as the intended occupant in an N12; and
• The proposed activity identified in an N13.
The LTB may consider a landlord’s notice history when assessing good faith. Omitting a previous notice can undermine the landlord’s credibility and may prevent the application from being accepted or granted.
Does the Tenant Have to Move Out When They Receive an N12?
No. An N12 notice does not require the tenant to leave automatically.
The tenant has the right to remain in the rental unit and dispute the landlord’s application at an LTB hearing. The tenancy continues unless:
• The tenant voluntarily moves out;
• The tenant and landlord enter into an agreement to end the tenancy;
• The LTB issues an eviction order; or
• The tenancy otherwise ends in accordance with the RTA.
A landlord cannot personally remove the tenant, change the locks or take possession based only on the N12 notice.
If the LTB grants the application and the tenant does not leave by the date in the eviction order, only the Court Enforcement Office, commonly called the Sheriff, can enforce the eviction.
Can the Tenant Move Out Before the N12 Termination Date?
Yes. After receiving an N12, the tenant may end the tenancy earlier by giving the landlord at least 10 days’ written notice using Form N9.
The tenant can choose a termination date that falls before the date stated in the N12, even during a fixed-term tenancy. The landlord may have to refund prepaid rent for the period after the tenant’s earlier termination date.
The tenant’s decision to move early does not generally eliminate the landlord’s obligation to pay the required N12 compensation.
What Happens at an N12 Eviction Hearing?
At the LTB hearing, the landlord must prove that all legal requirements have been satisfied.
The adjudicator may consider:
• Whether the N12 was completed correctly;
• Whether the notice gave at least 60 days;
• Whether the termination date was valid;
• Whether the landlord was eligible to serve the notice;
• Whether the named occupant is an eligible person;
• Whether the landlord paid the required compensation;
• Whether the declaration or affidavit was filed;
• Whether previous notices were fully disclosed;
• Whether the intended occupant genuinely plans to move in; and
• Whether the person intends to remain for at least one year.
The tenant may challenge the landlord’s good faith, question the intended occupant and present evidence about inconsistent statements or previous conduct.
Even where the landlord establishes the stated ground, the LTB must consider the circumstances under section 83 of the RTA. Depending on the evidence, the LTB may delay or refuse eviction where granting it would not be fair.
What Evidence Should a Landlord Bring to an N12 Hearing?
A well-prepared landlord should consider presenting:
• The tenancy agreement;
• The completed N12;
• Proof of service;
• Proof that compensation was paid;
• The intended occupant’s declaration or affidavit;
• The intended occupant’s testimony;
• The Agreement of Purchase and Sale, where applicable;
• Evidence of the intended occupant’s current living arrangements;
• Documents explaining why the move is planned;
• A timeline of relevant events;
• Communications with the tenant; and
• Complete information about previous N12 and N13 notices.
An eviction paralegal can help organize the evidence and prepare the landlord and intended occupant for questions at the hearing.
What Is a Bad-Faith N12 Eviction?
A bad-faith N12 may occur where the landlord or purchaser did not genuinely intend for the named person to occupy the unit when the notice was served.
After moving out, a former tenant may file Form T5 if they believe the N12 was given in bad faith. For an N12-related application, the former tenant must generally file no later than one year after vacating the rental unit.
For a landlord’s own-use N12, bad faith is presumed unless the landlord proves otherwise if, during the applicable period, the landlord:
• Advertises the unit for rent;
• Rents the unit to someone other than the former tenant;
• Advertises the unit or building for sale;
• Demolishes the unit or building; or
• Takes steps to convert the property to a non-residential use.
The relevant period begins when the notice is given and generally continues until one year after the former tenant vacates.
A change occurring during that period does not necessarily prove bad faith in every case, but it can place a significant evidentiary burden on the landlord.
What Are the Consequences of a Bad-Faith N12?
If the LTB finds that an N12 was given in bad faith, it may order remedies that include:
• A rent abatement;
• Reimbursement of increased rent for up to one year;
• Payment of reasonable moving and storage expenses;
• General compensation of up to 12 months of the former rent;
• An administrative fine; and
• Any other appropriate order, potentially including restoration of possession where available.
The tenant may pursue a T5 application even if the LTB previously granted the landlord’s eviction application. A previous finding of good faith does not necessarily prevent a later finding that the notice was given in bad faith.
Common N12 Mistakes Ontario Landlords Should Avoid
Common errors include:
• Naming an ineligible family member;
• Serving the N12 for a corporation’s shareholder or shareholder’s relative;
• Serving the notice before a binding sale agreement exists;
• Using an N12 simply to obtain vacant possession for a sale;
• Giving fewer than 60 days’ notice;
• Selecting a termination date that is not the end of a rental period;
• Selecting a date before the fixed lease ends;
• Failing to serve the notice properly;
• Missing the L2 filing deadline;
• Failing to pay compensation by the N12 termination date;
• Submitting an incomplete declaration;
• Failing to disclose previous N12 or N13 notices;
• Providing inconsistent evidence about the intended move; or
• Advertising or re-renting the unit soon after the tenant leaves.
Because some errors cannot be corrected without starting again, landlords should have the proposed notice reviewed before serving it.
How a Landlord Paralegal Can Help With an N12 Eviction
An experienced landlord paralegal or eviction paralegal can assist with:
• Confirming whether the landlord and intended occupant are eligible;
• Calculating the correct termination date;
• Preparing and serving the N12 notice;
• Preparing the intended occupant’s declaration;
• Filing the L2 application;
• Disclosing previous N12 and N13 notices;
• Organizing evidence of good faith;
• Preparing witnesses for the hearing;
• Representing the landlord before the LTB; and
• Explaining the Sheriff enforcement process.
Early advice can reduce the risk of losing several months because of a defective notice or incomplete application.
Starting the N12 Eviction Process in Ontario
An N12 eviction in Ontario requires more than a landlord’s general desire to recover a rental unit. The landlord must establish that an eligible person genuinely intends to occupy the property as a residence for at least one year.
The notice period, termination date, compensation, supporting declaration and LTB application must all comply with the RTA. The landlord must then prove the application at a hearing if the tenant disputes the notice.
Landlord First LLP assists Ontario housing providers with N12 notices, personal-use applications and LTB hearings. Contact our office to speak with a landlord paralegal about the proper process for your rental property.
Frequently Asked Questions
Can I evict my tenant because I want to move into my Ontario rental property?
You may serve an N12 if you are an eligible individual landlord and genuinely intend to occupy the unit as your residence for at least one year. You must follow the notice, compensation and LTB application requirements. The N12 itself does not evict the tenant.
Can I use an N12 so my sibling or grandchild can move into the unit?
Generally, no. Eligible family members are limited to the landlord’s spouse, child or parent and the child or parent of the landlord’s spouse. Siblings, grandchildren and most extended family members are not included.
How much must I pay a tenant after serving an N12?
The landlord must pay compensation equal to one month’s rent or offer another rental unit that the tenant accepts. The compensation must be provided no later than the termination date stated in the N12.
How long does a family member have to live in the unit after an N12 eviction?
The intended occupant must genuinely plan to use the rental unit as a residence for at least one year. Re-renting or advertising the property during the relevant period may create a presumption that the N12 was given in bad faith.
Can a tenant refuse to leave after receiving an N12?
Yes. The tenant can remain in the unit and dispute the application at an LTB hearing. The landlord must obtain an eviction order and, if necessary, have it enforced by the Sheriff. A landlord cannot personally lock out the tenant.
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