N12 Notice Ontario – Landlord’s Own Use Eviction
Complete guide to N12 Notice of Termination requirements, good faith obligations, and what landlords and tenants need to know
What is an N12 Notice?
An N12 Notice is a notice of termination that Ontario landlords use when they require vacant possession of a rental unit because they, a purchaser, or a qualifying family member genuinely intends to move in and occupy the unit. Unlike eviction notices for tenant misconduct (such as the N4 for non-payment or N5 for interference), an N12 eviction is not based on anything the tenant has done wrong. It terminates a tenancy because the landlord needs the unit for their own legitimate use.
Because N12 evictions displace tenants who haven’t done anything wrong, the Residential Tenancies Act imposes strict requirements on landlords. The person moving in must be someone who qualifies under the Act. The landlord must genuinely intend for that person to occupy the unit for at least one year. The landlord must compensate the tenant with one month’s rent in most circumstances (though Bill 60 introduced an exception for notices with at least 120 days and proper timing—see below). And bad faith evictions – where the landlord claims they need the unit but never actually moves in or quickly re-rents it – carry serious financial consequences. Understanding these requirements is essential whether you’re a landlord preparing an N12 or a tenant who has received one.
For an overview of all LTB notices and applications, see our LTB Forms Hub.
Download the Official N12 Notice Form
The N12 Notice of Termination for Landlord’s Own Use or Purchaser’s Own Use is available from the Landlord and Tenant Board. Download the current official form before completing it using the instructions below.
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Who Qualifies to Occupy the Unit
An N12 notice can only be used if the person who will move in falls into one of the categories specified in the Residential Tenancies Act. The landlord cannot use an N12 for anyone outside these qualifying relationships.
Landlord’s Own Use
- The landlord themselves — The person or entity that owns the property and is named on the lease as landlord
- Landlord’s spouse — Legally married spouse or common-law partner
- Landlord’s child or parent — Including adult children and parents of either the landlord or their spouse
- A person providing care — Someone who will provide care to the landlord, their spouse, their child, or their parent, and who needs to live in the unit to provide that care
Purchaser’s Own Use
- The purchaser — An individual (not a corporation) who has signed an agreement to purchase the property
- Purchaser’s spouse — Legally married spouse or common-law partner of the purchaser
- Purchaser’s child or parent — Including adult children and parents of either the purchaser or their spouse
- A person providing care — Someone who will provide care to the purchaser, their spouse, their child, or their parent
Note: Purchaser’s use N12 requires an Agreement of Purchase and Sale. Corporations cannot use N12 for purchaser’s own use – only individual purchasers qualify.
The Good Faith Requirement
An N12 notice is only valid if the landlord or purchaser genuinely intends for the qualifying person to move in and occupy the unit as their residence for at least one year. This isn’t a technicality – it’s the most important element of any N12 eviction and the most common basis for tenants to challenge these notices.
→ Genuine Intent Is Required
At the time the notice is served, the landlord must genuinely intend for the named person to move in. Plans to renovate and re-rent, flip the property, or use the unit for short-term rentals do not support an N12. The Landlord and Tenant Board examines whether the stated intention is real and honest.
→ One Year Minimum Occupancy
The qualifying person must intend to live in the unit for at least twelve months. If the landlord’s mother moves in but then moves out after three months so the landlord can re-rent the unit, that’s evidence of bad faith. Plans that anticipate occupancy of less than a year don’t support an N12.
→ Bad Faith Has Serious Consequences
If a landlord evicts a tenant using an N12 but doesn’t actually move in, re-lists the unit for rent, or engages in other conduct suggesting the eviction wasn’t genuine, the former tenant can file a T5 application. The Board can order the landlord to pay compensation of up to twelve months’ rent, an amount that can exceed tens of thousands of dollars.
→ Evidence Supports Good Faith
Landlords should be prepared to demonstrate their genuine intent at a hearing. Helpful evidence includes testimony from the person moving in, documentation of their current living situation and need to relocate, plans for moving belongings, change of address notifications, and any other evidence showing the move is real and intended to be permanent.
N12 Notice Requirements
An N12 notice must meet specific requirements to be valid. Missing or incorrect information can result in the notice being voided at the hearing, forcing the landlord to start over with a new notice.
Termination Date (60-Day Minimum)
The N12 requires at least 60 days’ notice. The termination date must be the last day of a rental period—typically the day before rent is due. For example, if rent is due on the first of each month and the tenancy is month-to-month, the termination date must be the last day of a month. Count forward at least 60 days from when you will serve the notice, then find the next last day of the rental period. If you serve on March 15, you need to reach at least May 14, so the termination date would be May 31 (assuming rent is due on the first).
Compensation Requirement (Updated November 2025)
In most cases, the landlord must compensate the tenant an amount equal to one month’s rent. This compensation must be paid by the termination date specified in the notice—not after, not at the hearing, but before the date the tenant is required to move out. Many landlords satisfy this by applying the last month’s rent deposit as compensation, meaning the tenant doesn’t pay rent for their final month.
Bill 60 Exception: As of November 2025, landlords are no longer required to pay the one month’s compensation if all of the following conditions are met: the notice is served after Bill 60 came into force, the termination date is at least 120 days after service, and the termination date falls on the last day of a rental period (or the end of a fixed-term lease). If the landlord gives only 60 to 119 days’ notice, the one month’s compensation is still required. Failure to provide required compensation by the termination date makes the notice defective.
Required Information
The N12 must clearly identify the rental unit address, the landlord’s name and address, the tenant’s name, the reason for termination (selecting the appropriate checkbox for landlord’s own use, family member, purchaser, or purchaser’s family member), the specific relationship of the person who requires the unit, and the termination date. All sections must be completed accurately. The notice must be signed and dated by the landlord.
Service of the Notice
The N12 must be served on the tenant using an approved method: handing it directly to the tenant, placing it in the tenant’s mailbox or mail slot (effective 5 days after), sliding it under the door (effective 5 days after), or sending by courier or mail with tracking. The landlord should document how and when service occurred. If using a method with a deemed service delay, ensure the notice period (60 or 120 days) is calculated from the effective service date, not the date you put it in the mailbox.
What Happens After Serving an N12
Tenant May Vacate
Some tenants accept the notice and move out by the termination date. The landlord must still ensure compensation was provided (unless the 120-day exception applies). No application to the LTB is required if the tenant leaves voluntarily.
Tenant May Stay
The tenant has no legal obligation to leave just because an N12 was served. If the tenant doesn’t move out by the termination date, the landlord must file an L2 application with the LTB to obtain an eviction order.
LTB Hearing
At the hearing, the landlord must prove the notice was valid and that they genuinely intend for the qualifying person to occupy the unit. The tenant can challenge good faith, dispute notice validity, or request delay of eviction.
Order and Enforcement
If the LTB grants the eviction, it issues an order specifying a move-out date. If the tenant still doesn’t leave, the landlord can file the order with the Sheriff for enforcement.
Tenant’s Right of First Refusal: If the qualifying person doesn’t move in within a reasonable time after the tenant vacates, or moves out within a year and the unit is re-rented, the former tenant has a right to move back in at the same rent they were paying. This right lasts for one year from the date they moved out.
Common N12 Mistakes and Problems
→ Compensation Not Paid When Required
If you are giving 60 to 119 days’ notice, the one month’s rent compensation must be paid or credited before the termination date. Many landlords forget this requirement or assume they can pay at the hearing. Failure to compensate by the deadline makes the notice void. Note that if you provide at least 120 days’ notice with the termination date on the last day of a rental period, compensation is not required under Bill 60 changes effective November 2025.
→ Wrong Termination Date
The termination date must be at least 60 days after service AND must be the last day of a rental period. A date that’s 60 days out but falls mid-month (when rent is due on the first) is invalid. So is a date that’s the correct day of the month but less than 60 days from service.
→ Corporate Purchaser Attempting N12
When a property is being sold to a corporation (including numbered companies), the purchaser cannot use an N12 for own use. Corporations don’t “live” in units. Only individual purchasers can claim purchaser’s own use, and even then they or a qualifying family member must actually move in.
→ Unable to Prove Good Faith at Hearing
The landlord must be prepared to testify about their genuine intent, and ideally the person moving in should attend to confirm their intention to occupy the unit for at least a year. Vague testimony, no supporting evidence, or admissions that suggest other motives (like wanting higher rent) can result in the notice being dismissed.
→ Serving N12 as Retaliation or Negotiating Tactic
Some landlords serve N12 notices hoping the tenant will negotiate a buyout, or as retaliation for tenant complaints. The LTB treats such conduct seriously. If the notice appears to be in bad faith, it will be dismissed, and the landlord may face costs or other consequences.
Received an N12 Notice?
You don’t have to leave just because you received an N12. You have the right to remain until the LTB orders otherwise, and you can challenge the notice at a hearing if you believe the landlord isn’t acting in good faith. Many N12 notices are dismissed because landlords can’t prove genuine intent, served the notice improperly, or failed to pay compensation when required. Note that if you receive an unfavourable order, you now have only 15 days (not 30) to request a review under Bill 60 changes.
Get Tenant RepresentationN12 Notice Questions
Can my landlord evict me just to charge higher rent to a new tenant?
No. An N12 can only be used if the landlord or a qualifying person genuinely intends to move in and occupy the unit as their residence for at least one year. Evicting a tenant simply to re-rent at a higher price is not a valid ground for an N12 and would be considered bad faith. If you suspect this is your landlord’s true motivation, you can challenge the notice at the hearing. If you move out and the landlord doesn’t actually move in (or quickly re-rents the unit), you can file a T5 application for up to twelve months’ rent in compensation.
Do I have to move out when I receive an N12?
No. An N12 notice is not an eviction order—it’s a notice that the landlord is seeking to end your tenancy for their own use. You have no legal obligation to move out based solely on receiving the notice. If you don’t leave by the termination date, the landlord must file an L2 application with the LTB and prove their case at a hearing. You can attend that hearing, challenge the notice, question whether the landlord is acting in good faith, and present your own evidence. Only if the LTB issues an eviction order are you legally required to leave.
What is the one month’s compensation and when must it be paid?
When a landlord serves an N12 notice with 60 to 119 days’ notice, they must compensate the tenant an amount equal to one month’s rent. This must be paid (or credited) before the termination date in the notice—not after. Most landlords satisfy this by waiving the tenant’s obligation to pay the last month’s rent, effectively applying the last month’s rent deposit as compensation. Alternatively, the landlord can pay the tenant directly. If compensation isn’t provided by the termination date when required, the notice is void and the landlord must start over with a new notice.
As of November 2025, Bill 60 created an exception: if the landlord gives at least 120 days’ notice and the termination date falls on the last day of a rental period (or the end of a fixed-term lease), the one month’s compensation is no longer required. This applies only to notices served after Bill 60 came into force.
Can the person named in the N12 change their mind about moving in?
If circumstances genuinely change after the notice is served (for example, the family member gets a job in another city), the landlord should not proceed with the eviction. Continuing with an eviction when you no longer intend to move in is bad faith. If the tenant has already moved out and the landlord no longer intends to move in, the tenant may be entitled to return to the unit or receive compensation. The right of first refusal exists for one year after the tenant moves out.
What if the landlord sells to a corporation?
Corporations cannot use the purchaser’s own use provision because corporations don’t live in residential units. If your landlord sells to a numbered company or any corporate entity, that purchaser cannot serve a valid N12 for their own use. The tenant’s tenancy continues, and the new corporate owner becomes the landlord. If you receive an N12 claiming purchaser’s own use and the Agreement of Purchase and Sale shows a corporation as the buyer, that notice is invalid.
What happens if the landlord doesn’t actually move in?
If you vacate based on an N12 and the landlord (or qualifying person) doesn’t move into the unit within a reasonable time, re-lists the unit for rent, or moves out within a year and re-rents, you have remedies. You can file a T5 application with the LTB claiming bad faith. If the Board finds the landlord acted in bad faith, it can order them to pay you compensation of up to twelve months’ rent. This is why tenants who doubt their landlord’s sincerity often choose to stay and require the landlord to prove their case at a hearing rather than vacating voluntarily.
Can I negotiate a larger buyout?
Yes. While the statutory requirement is one month’s rent compensation (when applicable), nothing prevents the landlord and tenant from negotiating a larger payment in exchange for the tenant agreeing to move out voluntarily without requiring an LTB hearing. Many tenants negotiate several months’ rent, moving cost coverage, or other compensation, particularly in hot rental markets where finding comparable housing is difficult. Any agreement should be in writing, clearly state the terms, and specify what happens if either party doesn’t comply.
Need Help as a Landlord?
N12 notices require careful attention to timing, compensation, and good faith requirements. Get it right the first time with professional help.
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