The Ontario N12: Ending a Tenancy for Your Own Use, Family or a Buyer

01

Who can use an N12 in Ontario?

Under section 48 of the Residential Tenancies Act, 2006, a landlord can give an N12 if they in good faith require the unit for residential occupation for at least one year by one of these people:

• The landlord
• The landlord's spouse
• A child or parent of the landlord or the landlord's spouse
• A person who provides or will provide care services to any of the above, as long as the person receiving care lives or will live in the same building or complex

The landlord must be an individual, and the unit must be owned at least in part by an individual. A corporation that owns a rental unit cannot give an N12.

There is also a purchaser version (section 49). If you have signed an agreement of purchase and sale for a residential complex with no more than three residential units, or for a condominium unit, you can give the N12 on the buyer's behalf when the buyer, their spouse, a child or parent, or their caregiver will move in.

02

How much notice does an N12 require?

The termination date on an N12 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 last day of the term. You cannot end a fixed-term lease early with an N12.

• Do not count the day you give the notice.
• Add five days if you send it by mail or Xpresspost, or one business day if you use a courier.
• LTB example: rent due on the 1st, N12 handed over August 1, earliest termination date September 30. Mailed August 1, it becomes October 31.

Once a tenant receives an N12, they can end the tenancy earlier by giving you at least 10 days' written notice.

03

Do I have to pay N12 compensation?

Usually, yes. You must pay the tenant an amount equal to one month's rent or offer them another rental unit they find acceptable. Compensation must be paid no later than the termination date in the notice.

The exception is new. For a landlord's-own-use N12 given on or after September 21, 2026, no compensation or alternative unit is required if the termination date is at least 120 days after the notice is given and falls at the end of a rental period or fixed term. This exception does not apply to an N12 given on behalf of a purchaser. There, the selling landlord still owes one month's rent.

• The LTB will not issue an eviction order until any required compensation has been paid.
• If you paid compensation and the LTB refuses your application, it can order the tenant to pay it back.
• Taking back the unit without paying required compensation is an offence.

04

How do I give an N12 properly?

1. Confirm you qualify and that the move-in is genuine and for at least one year.
2. Choose your timeline: at least 60 days with compensation, or at least 120 days for landlord's own use if you want to rely on the no-compensation rule. Either way, end on the last day of a rental period or term.
3. Use the current LTB N12. Name every tenant, every landlord, the full unit address, the reason and the person moving in.
4. Serve it by hand (to the tenant or an adult in the unit), mailbox or mail slot, under the door, fax, mail or courier. Posting it on the door is not allowed.
5. Keep a copy and record the date and method of service. You will need this for the Certificate of Service.
6. If compensation applies, pay one month's rent on or before the termination date and keep proof.

05

When can I file an L2 after an N12?

If the tenant does not agree to leave, you can file Form L2 with the Landlord and Tenant Board right after giving the N12. You do not have to wait for the termination date. The deadline is 30 days after the termination date in the notice.

1. Complete the L2 and Schedule B, including whether you paid or will pay compensation.
2. Attach a copy of the N12 and a Certificate of Service.
3. Include a declaration or sworn affidavit from the person who will move in, stating they in good faith require the unit for their own personal use for at least one year. For a purchaser N12, it states they require it for their own personal use.
4. List every N12 or N13 you gave in the past two years, for any unit you own.
5. File through the Tribunals Ontario Portal and pay the fee. At the time of writing the LTB lists the L2 fee as $186 through the Portal.

06

What happens if an N12 is given in bad faith?

A former tenant can file a T5 application within one year after moving out if they believe the N12 was given in bad faith and no qualifying person occupied the unit within a reasonable time.

The law presumes bad faith, unless you prove otherwise, if between the day you give the N12 and one year after the tenant leaves you advertise the unit for rent, rent it to someone else, advertise the unit or building for sale, demolish it, or take steps to convert it to non-residential use. Since September 21, 2026, the LTB also says bad faith is presumed if the landlord or other named person does not normally take occupancy within 60 days of the N12 termination date. That rule does not apply to purchaser N12s.

If the LTB finds bad faith, it can order you to pay:

• The former tenant's increased rent for one year
• General compensation of up to 12 months of the last rent charged
• Reasonable moving, storage and similar costs
• A rent abatement
• An administrative fine to the LTB of up to the greater of $10,000 and the Small Claims Court limit

Giving false or misleading information in an LTB proceeding is also an offence, with fines on conviction of up to $100,000 for an individual and $500,000 for a corporation.