The N12 Form in Ontario: Landlord's Own Use Evictions

An N12 is the notice an Ontario landlord gives when the landlord, or a close family member, wants to move into the rental unit. For a tenant, it can feel like the floor just tilted. For a landlord, it can feel like a simple request to use their own property. Both sides are right to take it seriously, because the N12 form in Ontario is one of the most closely policed notices at the Landlord and Tenant Board.

This guide explains what an N12 is, who can rely on it, how much notice it needs, when the landlord must pay one month's rent in compensation (and the new 120-day exception that started on September 21, 2026), what happens after the notice is given, and what a former tenant can do if the landlord never moves in. It is general information about the process, not advice about any particular tenancy.

A few terms first

LTB: the Landlord and Tenant Board, the tribunal that decides most residential tenancy disputes in Ontario.
RTA: the Residential Tenancies Act, 2006, the law that sets the rules for residential tenancies in Ontario.
N12: the LTB's form called "Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit."
Own use: shorthand for ending a tenancy so that a person allowed by the RTA can live in the unit.
Termination date: the date written on the notice when the landlord wants the tenancy to end.
L2: the application a landlord files with the LTB to end the tenancy and evict the tenant after giving an N12.
Bad faith: giving the notice for a reason other than the honest one stated in it, for example to re-rent the unit at a higher rent.
Affidavit: a written statement that the person swears or affirms is true in front of someone authorized to take it, such as a lawyer, paralegal or commissioner. A declaration is a signed statement the LTB accepts in its place.

What the N12 form in Ontario is for

The N12 covers two different situations. Section 48 of the RTA lets a landlord end a tenancy if the landlord in good faith requires possession of the unit for residential occupation for a period of at least one year by the landlord or certain family members. Section 49 lets a landlord who has signed an agreement of purchase and sale give the notice on behalf of a buyer who wants to move in. The LTB's instructions for the N12 notice call these Reason 1 (the landlord's side) and Reason 2 (the purchaser's side).

This article focuses mostly on Reason 1, the landlord's own use, because that is where the September 2026 changes landed. The purchaser route has its own conditions, which we cover briefly below.

Who is allowed to move in

Under section 48(1) of the RTA, the person who will live in the unit must be one of the following:

the landlord;
the landlord's spouse;
a child or parent of the landlord or of the landlord's spouse; or
a person who provides or will provide care services to the landlord, the landlord's spouse, or a child or parent of either of them, if the person receiving the care lives or will live in the same building, related group of buildings, mobile home park or land lease community.

That list is short on purpose. A brother, a sister, a grandchild, a niece, a cousin and a best friend from university are not on it. People are sometimes surprised by this, usually right after promising the basement apartment to a nephew. If the person who wants to move in is not on the list, an N12 is not the right notice.

The landlord must be an individual

Section 48(5) adds a second gate. A landlord can only give a notice under section 48 if the rental unit is owned in whole or in part by an individual and the landlord is an individual. The LTB's N12 instructions put it plainly: a corporation that owns a rental unit cannot give a notice of termination for this reason. A numbered company does not have a mother who needs to move in.

The one-year requirement

The person moving in must require the unit for residential occupation for at least one year. That is not a technicality. When the landlord later applies to the LTB, section 72(1) of the RTA says the Board cannot order an eviction based on a section 48 notice unless the landlord has filed an affidavit sworn by the person who personally requires the unit, certifying that the person in good faith requires it for their own personal use for at least one year.

How much notice the landlord has to give

Section 48(2) of the RTA sets the minimum. The termination date must be at least 60 days after the notice is given, and it must be the last day of a rental period or, for a fixed-term lease, the end of the term. A landlord cannot use an N12 to cut a one-year lease short in the middle.

The LTB's N12 instructions add two practical points about counting:

Do not count the day the notice is given.
If the notice is sent by courier, add one business day for delivery. If it is sent by mail or Xpresspost, add five days.

The instructions give an example. For a month-to-month tenancy with rent due on the first, a landlord who hands the notice to the tenant on August 1 could put September 30 as the earliest termination date. If the same landlord mails it on August 1, the earliest date becomes October 31, because the five mailing days push the 60 days past the end of September.

How the notice can be given

The N12 instructions list the ways a landlord can give the notice: hand it to the tenant or an adult in the unit, leave it in the tenant's mailbox or where mail is usually delivered, slide it under the door or through a mail slot, fax it to the tenant's home or business, or send it by courier, mail or Xpresspost. The instructions also say the notice cannot be given by posting it on the door of the unit. Tape is not service.

The form must name every tenant in the unit and should name any subtenant or assignee. It must also show the full address with the unit number and postal code. The instructions warn that an incomplete or incorrect notice may not be valid, which can mean starting over.

Compensation: one month's rent, unless the 120-day rule applies

Section 48.1(1) of the RTA says a landlord who gives a section 48 notice must compensate the tenant an amount equal to one month's rent, or offer the tenant another rental unit acceptable to the tenant. Section 55.1 says that compensation must be paid no later than the termination date in the notice.

The new 120-day exception

The Fighting Delays, Building Faster Act, 2025, often called Bill 60, added section 48.1(2) to the RTA. According to the amendment note on e-Laws, it came into force on September 21, 2026. Under it, the landlord does not have to pay compensation or offer another unit if the section 48 notice meets all three of these conditions:

The notice is given on or after the day the new provision came into force.
The termination date in the notice is at least 120 days after the notice is given.
The termination date is the last day of a rental period or, for a fixed term, the end of the term.

The LTB's updated N12 instructions, dated September 21, 2026, say the same thing and limit it to Reason 1, the landlord's own use. A purchaser's notice under section 49 still carries the one-month compensation under section 49.1, and section 49.1(2) keeps that obligation with the selling landlord, not the buyer.

In practice, the landlord now has a choice. Give at least 60 days' notice and pay one month's rent, or give at least 120 days' notice and pay nothing. Either way, every other N12 rule still applies, including the one-year occupation requirement and the bad-faith protections. Our overview of Bill 60 and the LTB covers the other changes that arrived with this one.

Why the compensation matters even after the notice

Compensation is not a courtesy. Section 83(4) of the RTA says the Board shall not issue an eviction order in an own-use proceeding until the landlord has complied with section 48.1. The LTB's instructions for Form L2 make the same point: the Board will not issue an order ending the tenancy if the landlord has not paid the required compensation or offered another acceptable unit.

If a landlord who was required to pay compensation does not pay it, section 135(1.1) treats the landlord as having retained money in contravention of the Act. That allows the tenant or former tenant to apply to the LTB to get it back.

What the tenant can do after receiving an N12

An N12 does not end the tenancy by itself, and a tenant who receives one has a few options.

Move out on the date in the notice

If the tenant moves out in line with the notice, section 37(2) of the RTA says the tenancy ends on the termination date. The tenant is still entitled to any compensation section 48.1 requires.

Leave earlier with 10 days' notice

Sections 48(3) and (4) let a tenant who receives the notice end the tenancy on an earlier date, as long as the tenant gives the landlord at least 10 days' written notice. This helps a tenant who finds a new place quickly and does not want to pay rent on two homes.

Stay and let the LTB decide

A tenant does not have to move out just because the notice says so. Under section 37(1), a tenancy can only be ended in accordance with the RTA. If the tenant stays, the landlord has to apply to the LTB, and the tenant can take part in the hearing. Our general guide to an LTB hearing explains what that day looks like.

The landlord's next step: the L2 application

The N12 instructions say the landlord can apply to the LTB immediately after giving the notice, using Form L2, "Application to End a Tenancy and Evict a Tenant or Collect Money." The landlord files a copy of the N12 and a Certificate of Service showing when and how it was given. The current form and fee are posted on the LTB's forms page, and we keep a summary of the L2 form on our resources page.

Three deadlines and filing rules matter here:

30 days. Section 69(2) of the RTA says the application cannot be made later than 30 days after the termination date in the notice.
The declaration or affidavit comes with the application. Section 71.1(1) requires the section 72 affidavit to be filed at the same time as the application, and section 71.1(2) says the Board shall refuse to accept the application if it is missing. The L2 instructions say a signed declaration from the person moving in is accepted, or a sworn affidavit instead.
Previous notices must be disclosed. Section 71.1(3) requires the landlord to say whether they gave any other N12 or N13 notice in the two years before filing, for this unit or any other, with the date, address and intended occupant for each one.

That last rule exists for a reason. Section 72(3) lets the Board consider a landlord's previous use of these notices when deciding good faith. A landlord whose elderly mother has apparently moved into three different units in two years should expect questions.

What the LTB looks at during the hearing

At the hearing, the landlord has to satisfy the Board that the notice was given in good faith and that the person named really intends to live in the unit for at least a year. The sworn affidavit or declaration is the starting point, not the end of the inquiry, and the tenant can challenge it.

Section 83 of the RTA also gives the Board broad discretion. Under section 83(1), the Board may refuse the application unless it is satisfied, having regard to all the circumstances, that it would be unfair to refuse it, or it may postpone enforcement of the eviction. In plain terms, the Board must look at whether an eviction is fair in all the circumstances, even when the paperwork is in order. Section 83(3) says the Board must refuse the application if, among other things, the landlord is in serious breach of their responsibilities, or the real reason for the application is that the tenant complained to a government authority or tried to enforce their legal rights.

Bill 60 also allowed the province to limit postponements, and a 2026 regulation did. Section 8.4 of O. Reg. 516/06 now says that, for an application based on a section 48, 49 or 50 notice, the Board may postpone enforcement only if the landlord consents or the Board is satisfied it would not be unfair to the landlord or other tenants of the building.

If the Board refuses the application after the landlord has already paid compensation, section 73.1 allows it to order the tenant to pay that compensation back.

If an eviction order is made and the tenant does not leave, only the Sheriff can enforce it. Our article on what happens when a tenant stays after an LTB eviction order walks through that stage.

When the landlord never moves in: bad faith and the T5

The N12 comes with a promise attached. If the landlord gives the notice, the tenant leaves, and the family member who was supposed to move in never does, the former tenant may have a claim.

Section 57(1)(a) of the RTA allows a former tenant to apply if the landlord gave a section 48 notice in bad faith, the tenant moved out because of the notice or an LTB order based on it, and none of the people listed in section 48(1) occupied the unit within a reasonable time. The LTB's instructions for Form T5 confirm the application applies to former tenants who moved out after an N12, including those who left because of an LTB eviction order, and that a tenant who still lives in the unit cannot apply.

The presumption of bad faith

Section 57(5) makes these cases easier to prove for the tenant. The Board presumes a section 48 notice was given in bad faith, unless the landlord proves otherwise on a balance of probabilities (meaning more likely than not), if during the period from the day the notice was given until one year after the former tenant moved out, the landlord:

advertises the unit for rent;
signs a tenancy agreement for the unit with someone other than the former tenant;
advertises the unit, or the building it is in, for sale;
demolishes the unit or the building; or
takes any step to convert the unit or the building to a non-residential use.

A "For Rent" listing for the same unit three weeks after the tenant moved out is, to put it gently, not a strong look.

Since September 21, 2026, a second presumption also applies. Under section 57(6.1) of the RTA and O. Reg. 240/26, if no one the notice allows to move in (the landlord, their spouse, a child or parent of either, or a qualifying caregiver) has moved in within 60 days, the Board presumes on the former tenant's application that the notice was given in bad faith, unless the landlord proves otherwise. The 60 days run from the termination date on the notice, or from the day the tenant actually moves out if that is later. In plain terms, someone on that list needs to actually move in, and promptly.

What the Board can order

Section 57(3) lists the orders the Board can make if it finds bad faith. They include:

payment of all or part of the increased rent the former tenant has paid or will pay for one year after moving out;
general compensation of up to 12 months of the last rent charged, whether or not the tenant had actual expenses;
reasonable out-of-pocket moving, storage and similar expenses;
an abatement of rent (a refund of some of the rent paid);
an administrative fine payable to the Board of up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court; and
any other order the Board considers appropriate.

The one-year deadline

Section 57(2) says the application must be made no more than one year after the former tenant moved out. The T5 instructions repeat that deadline. A former tenant who suspects the unit was re-rented should not wait until month eleven to start gathering screenshots.

A quick word on the purchaser route

Reason 2 on the N12 is for a sale. Section 49(1) lets a landlord of a residential complex with no more than three residential units, who has signed an agreement of purchase and sale, give the notice on behalf of a buyer who in good faith wants the unit for the buyer, the buyer's spouse, a child or parent of either, or a qualifying caregiver.

Section 49(2) allows the same for a condominium unit. The 60-day minimum and end-of-period rule in section 49(3) apply, the one-month compensation in section 49.1 applies, and the 120-day exception does not. Section 72(1)(b) requires an affidavit from the person who personally requires the unit.

When an N12 cannot be used at all

The RTA and the N12 instructions list several situations where the notice is not available, even if the person moving in is on the approved list. In general terms:

Section 51 bars the notice to a tenant who was already living in the unit when the building was registered as a condominium (for registrations on or after June 17, 1998), or, for a proposed condominium unit, when the agreement of purchase and sale was signed.
Section 56 bars the notice for a tenant who lived in the unit when a severance or plan of subdivision made it separately conveyable property.
Section 72(2) restricts own-use evictions in equity co-operatives unless the building has four or fewer residential units or the landlord or a listed family member previously lived there.

These exceptions turn on specific facts and dates, so they are worth checking against the section itself before anyone relies on them.

A short checklist for each side

For landlords

Confirm the person moving in is on the section 48(1) list and that you are an individual landlord.
Decide between 60 days with one month's compensation or at least 120 days without it, and pick a date that is the last day of a rental period or the end of the term.
Name every tenant on the notice, serve it in a permitted way, and keep a copy.
If compensation applies, pay it on or before the termination date and keep proof.
If you need to file an L2, do it within 30 days of the termination date, with the declaration or affidavit and the two-year notice history.

For tenants

Check who is named as moving in, the termination date and how the notice was delivered.
Work out whether one month's compensation is owed, based on the date the notice was given and the length of notice.
Remember you can leave early with 10 days' written notice, or stay and take part in the LTB hearing.
If you leave, keep a copy of the notice and note the date you moved. If the unit appears for rent or sale within the year, keep a dated record.
Mark the one-year deadline for a T5 application in your calendar, counting from the day you moved out.

Frequently asked questions

Can my landlord give me an N12 so their brother can move in?

Not under section 48. The list in section 48(1) is the landlord, the landlord's spouse, a child or parent of the landlord or spouse, and a qualifying caregiver. A sibling is not on it.

Do I have to move out by the date on the N12?

No. Under section 37(1) of the RTA, a tenancy can only end in accordance with the Act. If you stay, the landlord must apply to the LTB on Form L2 within 30 days of the termination date, and only the Sheriff can enforce an eviction order.

Is the landlord still required to pay one month's rent in compensation?

It depends on the notice. For an N12 given for the landlord's own use on or after September 21, 2026, section 48.1(2) removes the requirement only if the termination date is at least 120 days after the notice is given and falls at the end of a rental period or term. For a purchaser's notice, compensation still applies.

When does the compensation have to be paid?

Section 55.1 says no later than the termination date in the notice. Section 83(4) also prevents the Board from issuing an eviction order until the required compensation has been paid or an acceptable unit offered.

Can a company that owns a rental property use an N12?

Not for the landlord's own use. Section 48(5) requires the unit to be owned at least in part by an individual and the landlord to be an individual. The LTB's instructions say a corporation that owns a rental unit cannot give the notice for this reason.

How long does the family member have to live there?

Section 48(1) and the affidavit required by section 72(1) both refer to residential occupation for a period of at least one year.

What if the landlord moved someone in for a month and then re-rented?

A former tenant can apply on Form T5 within one year of moving out. Under section 57(5), re-renting or advertising the unit for rent within a year after the former tenant left creates a presumption of bad faith that the landlord must rebut.

In summary

An N12 lets an individual landlord end a tenancy so that the landlord, a spouse, a child or parent, or a qualifying caregiver can live in the unit for at least a year. The notice needs at least 60 days and must end on the last day of a rental period or term. One month's compensation is owed unless a landlord's own-use notice given on or after September 21, 2026 gives at least 120 days. The tenant can leave early, move out on the date, or stay and let the LTB decide on the landlord's L2 application, which must be filed within 30 days with a sworn affidavit or declaration. If the landlord did not follow through, a former tenant has one year to file a T5.

Help with an N12 notice

Whether you are a landlord planning to move a family member in or a tenant holding an N12 and wondering what it means, the details matter: dates, delivery, compensation and the paperwork that follows. AI Paralegal Services is a licensed paralegal practice led by Lisa Duchene, and LTB matters for landlords and tenants are among the services we provide across Ontario. If you would like someone to review your notice and explain the options that may apply, contact us to arrange a consultation.

This article is general information about Ontario residential tenancy law and LTB procedure as of November 2026. It is not legal advice about your situation, and reading it does not create a paralegal-client relationship. Laws, forms and procedures change, so check the current official sources, and speak with a licensed legal professional about your own matter.

The N12 Form in Ontario: Ending a Tenancy for a Landlord's Own Use