The N12 Notice:
Own Use Eviction

Updated August 2026  ·  By JC Paralegal Services

The N12 Notice to End a Tenancy Because the Landlord, a Purchaser, or a Family Member Requires the Rental Unit is used when a landlord wants to reclaim a unit for personal occupancy. It is one of the most commonly disputed eviction notices at the Landlord and Tenant Board — and one where the legal requirements, the compensation rules, and the bad-faith penalties are frequently misunderstood by both sides.

This guide covers what the N12 requires, what landlords must do to use it correctly, and what options tenants have to respond.

When Can a Landlord Use an N12?

A landlord may serve an N12 only in specific circumstances set out in the Residential Tenancies Act, 2006. The unit must genuinely be needed for:

• The landlord themselves to live in
• The landlord's spouse
• A child or parent of the landlord or their spouse
• A person who provides or receives care services from the landlord or their family, if that person will live in the unit
• A purchaser of the property (or their family), if the property is being sold — in this case, the purchaser typically serves the notice

The requirement must be genuine. The LTB scrutinizes N12 applications carefully, and a landlord who cannot credibly establish that the named person actually intends to occupy the unit risks having the application dismissed — and potentially facing bad-faith penalties.

Notice Period Requirements

The N12 must give the tenant a minimum of 60 days' notice. However, the termination date must also fall on the last day of a rental period — typically the last day of the month.

If your tenancy is month-to-month or has been running for more than one year, the notice period may effectively need to be longer than 60 days to land on the correct termination date. For example, if a notice is served mid-month, the earliest valid termination date might be two full months away.

The Compensation Requirement

Before or on the termination date stated in the N12, the landlord must pay the tenant compensation equal to one month's rent. This is not optional — it is a legal requirement under the Residential Tenancies Act.

If the landlord does not pay this compensation on time, the tenant can void the N12 by serving written notice on the landlord within 5 days after the termination date. This is one of the more powerful remedies available to tenants that is frequently overlooked.

What Happens at the LTB Hearing

If the tenant does not vacate and the landlord files an L2 application, the LTB schedules a hearing. At the hearing, the landlord must establish on a balance of probabilities that the stated occupant genuinely intends to move into the unit.

The LTB considers evidence such as:

• Whether the person has a current place to live and a genuine need for new housing
• The relationship between the landlord and the person named in the notice
• Any documents supporting the need: lease terminations, job changes, family circumstances
• The landlord's history with the property and other units
• Whether the landlord has served N12 notices on other tenants in the same building

Tenants can cross-examine the landlord and the named person, and can present evidence that calls the stated reason into question. If the adjudicator is not satisfied that the occupancy is genuine, the application will be dismissed.

Bad-Faith Evictions and the T5 Application

If a landlord obtains an eviction order under an N12 and the named person does not actually move in — or moves in briefly and then the unit is re-rented at a higher price — the landlord has acted in bad faith. This is a serious violation of the RTA.

A tenant who was evicted under a bad-faith N12 can file a T5 Application with the LTB. If the board finds the eviction was in bad faith, the landlord can be ordered to pay:

• Up to 12 months' rent as compensation or damages to the former tenant
• Additional amounts for moving costs, increased rent paid elsewhere, and other out-of-pocket losses

Former tenants have 2 years from the date of the eviction order to file a T5. If you were evicted under an N12 and discovered that the landlord re-rented the unit — or the stated occupant never moved in — you have legal recourse even after you have left.

What Counts as Bad Faith?

The LTB has found bad faith in situations including: the named family member moved in for only a few weeks before leaving; the unit was listed for rent at a substantially higher price shortly after the tenant vacated; the landlord had multiple units and never indicated which one the family member would actually occupy; or the landlord repeatedly used N12 notices across a portfolio of properties without genuine occupancy following.

For Landlords: Doing This Right

If you legitimately need your unit back for family use, the N12 is a valid tool — but it must be done properly. Errors in the process are frequently used by tenants to challenge the application, and a bad-faith finding carries severe financial consequences.

• Use the current official N12 form from Tribunals Ontario
• Calculate the termination date carefully — 60 days minimum, landing on the last day of a rental period
• Pay the one-month compensation on time, and keep proof of payment
• Document the genuine need: why does the named person need this unit, and when are they moving in?
• Be prepared to have the named person attend the hearing and give evidence
• Do not re-rent the unit at a higher price after the eviction — this is the clearest evidence of bad faith