N12 Eviction for Personal Use Ontario — Complete Guide 2026

The N12 Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit is one of the most heavily scrutinized eviction notices in Ontario. Under the Residential Tenancies Act (RTA), landlords can evict a tenant when they or certain family members genuinely need to move into the unit — but the requirements are strict, the LTB examines these cases closely, and the penalties for bad faith use are severe.

This guide covers everything Ontario landlords need to know about the N12: who qualifies, the notice requirements, mandatory compensation, what constitutes bad faith, how the T5 application works, and how the N12 compares to the N13 notice for renovation or demolition.

Who Can Use an N12 Notice in Ontario?

Under section 48 of the RTA, an N12 can be served when the rental unit is genuinely required for occupation by one of the following persons:

• The landlord (the person or entity named on the lease as the landlord)
• The landlord's spouse (married or common-law partner)
• A child or parent of the landlord or the landlord's spouse
• A caregiver — a person who provides or will provide care services to the landlord, the landlord's spouse, or a child or parent of either, and who needs to live in the unit to provide that care

Under section 49, an N12 can also be served on behalf of a purchaser of the property — but only if the property contains no more than 3 residential units and the purchaser (or their immediate family) genuinely intends to move in.

Important limitations: Siblings, cousins, aunts, uncles, grandchildren, and other extended family members do not qualify under section 48. The eligible list is limited to parents, children, and spouses. Also, if the landlord is a corporation, the N12 can only be used if an officer of the corporation genuinely needs the unit — and the LTB scrutinizes corporate N12s very closely.

N12 Compensation Requirements

Under section 48.1 of the RTA (added in 2021), landlords must pay the tenant mandatory compensation when serving an N12. Here are the complete rules:

Pro tip: Pay the compensation early — at the time you serve the N12 or shortly after. Do not wait until the last day. If there is any dispute about whether payment was received on time, you will lose your application.

N12 Notice Period and Termination Date Rules

The N12 requires a minimum of 60 days' notice. The termination date must be the last day of a rental period for monthly tenancies. For example:

• Rent is due on the 1st. You serve the N12 on March 15. The earliest valid termination date is May 31 (at least 60 days away, and the last day of the May rental period).
• Rent is due on the 15th. You serve the N12 on March 20. The earliest valid termination date is June 14 (at least 60 days from service, and the last day of that rental period).

If you serve the N12 by mail, add 5 days for deemed receipt, making the effective notice period 65 days.

What Is a Bad Faith N12 and What Are the Penalties?

Ontario has cracked down hard on bad faith N12 evictions — cases where a landlord serves the notice without genuinely intending the named person to move in. Common bad faith scenarios include:

• Serving an N12 to remove a tenant paying below-market rent, then re-renting at a higher rate
• The named person never moves in, or moves in briefly and then leaves
• Listing the unit for rent or sale shortly after the tenant vacates
• Serving N12s on multiple tenants in the same building around the same time
• A pattern of previous N12s from the same landlord

Bad Faith Penalties Under the RTA

What Is a T5 Application and How Does It Work?

The T5 Application is the tenant's remedy for a bad faith N12 or N13 eviction. A former tenant can file a T5 with the LTB within one year of vacating the unit. The filing fee is $53.00.

At the T5 hearing, the burden shifts to the landlord to prove that the N12 was served in good faith — meaning the named person genuinely moved in and occupied the unit for the intended purpose. Evidence the LTB considers includes:

• Whether the named person actually moved in (utility account changes, mail forwarding, driver's licence update)
• How long the person stayed (the expectation is at least 12 months)
• Whether the unit was listed for rent or sale after the tenant left
• Whether renovations or changes were made that suggest the real purpose was not personal use
• The landlord's history of N12 notices

N12 vs. N13: Which Notice Do You Need?

How to Build a Strong N12 Case at the LTB

After serving the N12 and waiting for the 60-day period to expire, file an L2 Application with the LTB. At the hearing, you will need to prove four things:

1. The notice was valid: Correct termination date (at least 60 days, last day of rental period), correct form, all tenant names included.
2. Compensation was paid on time: Bring proof of payment — cancelled cheque, bank statement, or e-transfer confirmation showing the payment was made by the termination date.
3. Genuine intent to occupy: The named person must demonstrate they truly intend to move in. An affidavit or sworn declaration from that person is strongly recommended. Better yet, have the person attend the hearing and testify.
4. At least 12 months: The person must intend to occupy the unit for at least one year. Evidence of lease terminations at their current residence, moving plans, or employment changes near the unit all support this.

The tenant may raise defences under section 83 of the RTA, asking the adjudicator to delay or deny the eviction based on personal circumstances — health issues, elderly age, children in school nearby, difficulty finding alternative housing. Be prepared to address these with evidence about the hardship the continued tenancy causes you.

Practical Tips for Ontario Landlords Filing an N12

• Pay compensation early: Pay when you serve the N12, not on the last possible day. Disputes over timing can sink your application.
• Have the named person ready to testify: The LTB may want to hear directly from the person who will occupy the unit. Their absence can raise doubts about genuineness.
• Prepare a sworn affidavit: A signed, sworn statement from the named person about their genuine intent strengthens your case significantly.
• Do not list the unit: Do not advertise the unit for rent or sale after serving the N12. Any listing will be used as evidence of bad faith.
• Document the move-in: After the tenant leaves, document the named person's move-in: utility transfers, change of address confirmation, photos of belongings in the unit. Keep these records for at least 12 months in case the former tenant files a T5.
• Do not serve N12s on multiple tenants simultaneously: Unless each unit genuinely has a different qualifying person who needs it, multiple N12s in the same building are a red flag for bad faith.

What Happens if the Tenant Refuses to Leave After the N12?

Serving an N12 does not guarantee the tenant will vacate by the termination date. In most cases, you will need to file an L2 Application with the LTB and attend a hearing. Current wait times for L2 hearings are 8 to 12 months. During this time, the tenant continues to occupy the unit and pay rent (or not pay, which is a separate issue).

At the hearing, the adjudicator will scrutinize the good faith of your N12 more closely than almost any other eviction type. Be prepared to prove:

• The named person has a genuine, concrete plan to move in (lease termination at current residence, moving arrangements, change of workplace)
• Compensation was paid on time and you have proof
• You have not listed or advertised the unit for rent
• The named person is available to testify (their absence raises doubts)

If the LTB grants the eviction order and the tenant still refuses to leave, you must file the order with the Sheriff for enforcement — the same process as any other eviction. Sheriff enforcement takes 4 to 8 weeks and costs $400 to $600. You cannot change the locks or remove the tenant yourself, even with an LTB order in hand.

N12 for Condominium Purchasers: Special Rules

The purchaser N12 under section 49 is increasingly common in Ontario's condo market, where investors sell tenant-occupied units. Key points for landlords and purchasers:

• The property must contain no more than 3 residential units — this typically applies to condos, single homes, duplexes, and triplexes.
• The landlord (seller) serves the N12 on behalf of the purchaser before closing — the purchaser does not serve it themselves.
• The purchaser must genuinely intend to occupy the unit — investment purchasers who plan to re-rent cannot use this provision.
• The same compensation requirement applies — one month's rent must be paid to the tenant by the termination date.
• If the sale falls through after the N12 is served, the notice may become invalid if the purchaser will no longer occupy the unit.

Landlords across Ottawa, Toronto, Mississauga, and the rest of Ontario rely on our team to navigate the N12 process correctly. For the full step-by-step eviction process, see our complete eviction guide. To understand the costs involved, visit our eviction costs breakdown.

What If the Named Person Changes Their Mind After the N12?

This scenario creates significant legal risk. If you serve an N12, proceed with the eviction, and then the named person decides they no longer want or need the unit, you face potential bad faith liability. The LTB and Divisional Court have made clear that the genuineness of the intent is measured at the time the notice is served — but if the person never moves in, the former tenant can file a T5 and the burden shifts to you to explain why.

If circumstances change after serving the N12 but before the hearing, consult with a legal professional immediately. Your options may include:

• Withdrawing the L2 application before the hearing (this avoids a bad faith finding but may require you to reimburse the tenant's costs)
• Explaining the changed circumstances at the hearing and requesting the adjudicator's guidance
• Negotiating directly with the tenant to resolve the situation

The worst outcome is proceeding with the eviction, having the tenant leave, and then not moving the named person in. This is the exact scenario that triggers T5 applications and bad faith penalties. Document any genuine change in circumstances thoroughly in case you need to defend against a T5 later.