The N12 Notice in Ontario
Verified 12 August 2026 · Sourced from Tribunals Ontario and CLEO
An N12 ends a tenancy because the landlord, a purchaser, a close family member or a caregiver intends to move in. It has strict requirements — a 60-day minimum, a termination date that must land on the right day, compensation paid before that date, and a genuine intention to occupy. Miss any of them and the notice fails.
General information, not legal advice. Outcomes turn on the facts of your tenancy. Tenants can get free help from the Advocacy Centre for Tenants Ontario or a local community legal clinic; landlords can contact the Landlord's Self-Help Centre.
Where do you stand?
The N12 looks completely different depending on which side of it you are on. Pick one.
You received an N12 — six things to check
- 1
An N12 is not an eviction order
It is the first step of a legal process, not the end of one. You do not have to move out because a notice arrived, and you cannot be locked out. Only the LTB can order an eviction, and only the Sheriff can enforce one.
- 2
Check whether the notice is even valid
The termination date must be at least 60 days after the notice was given, and it must fall on the last day of a rental period — or the last day of the term, for a fixed-term lease. A date that lands mid-month on a month-to-month tenancy is a defect.
- 3
Check who is said to be moving in
Only a specific list qualifies: the landlord or buyer, their spouse, parents or children, their parents-in-law or stepchildren, or a caregiver for any of those people. Anyone outside that list does not support an N12.
- 4
If it's a buyer moving in, check the building
When the person moving in is the purchaser, their family or their caregiver, you can only be evicted if the building contains three units or fewer, or the unit is a condominium. This restriction is missed constantly in larger buildings.
- 5
Confirm you were paid
The landlord must give you one month's rent in compensation, or offer an acceptable alternative unit, before the termination date in the notice — not after you leave. If they did not, you can ask the LTB to dismiss the application as defective at the hearing.
- 6
Decide whether to leave or go to the hearing
You can move out, or you can stay and put your case to the LTB. If you stay, the landlord must file an L2 application and the Board decides. Get advice before the hearing — ACTO and your local legal clinic are free.
The requirements, at a glance
| Requirement | What it means |
|---|---|
| Minimum notice | At least 60 days from the day the notice is given. |
| Termination date | Must be the last day of a rental period, or the last day of the term on a fixed-term lease. |
| Who may move in | Landlord or purchaser; their spouse, parent or child; their parent-in-law or stepchild; or a caregiver for any of these. |
| Buyer's own use | Only where the complex has three units or fewer, or the unit is a condominium. |
| Sworn statement | The occupant must swear they intend to live there full-time — and, for a landlord, family member or caregiver, for at least one year. |
| Compensation | One month's rent, or an acceptable alternative unit, provided before the termination date. |
| Application deadline | The landlord must file an L2 no later than 30 days after the termination date in the notice. |
| If it was bad faith | The former tenant can apply with a T5. Maximum fines under the Act doubled on 1 July 2026 to $100,000 for an individual. |
Changes are coming in September 2026
Tribunals Ontario has confirmed that further amendments to the Residential Tenancies Act — under the Fighting Delays, Building Faster Act (Bill 60) and the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) — take effect in September 2026. Legal commentators report that these will affect N12 compensation requirements and introduce a deadline for the named occupant to actually move in.
We are not stating those changes as rules here. As of 12 August 2026, Tribunals Ontario had not published the details and Ontario's e-Laws service was unavailable, so we could not confirm them against the legislation itself. Do not rely on any summary of these changes — including this one. If you are serving or responding to an N12 near or after September 2026, confirm the current requirements with the LTB or a licensed representative first.
This page is updated in place. Check the verified date at the top.
If you're buying a tenanted property
Vacant possession is not something a seller can simply promise. If you intend to move in, the notice has to be served properly, the compensation has to be paid, and the tenant retains the right to contest it — the LTB decides, not the agreement of purchase and sale. Build that timeline into your closing date rather than assuming it.
The three-units-or-condominium restriction matters most here: if you are buying a unit in a larger rental building, an N12 for your own use is not available at all. And with maximum fines now at $100,000 for an individual, a notice served without a genuine intention to occupy is an expensive mistake.
See also: every LTB form and fee and the Ontario land transfer tax calculator.
Common questions
What is an N12 notice in Ontario?
An N12 is the LTB form a landlord uses to end a tenancy because the landlord, a purchaser, an immediate family member or a caregiver requires the rental unit — commonly called an "own use" eviction. It is a notice, not an eviction order: it starts a legal process that only the Landlord and Tenant Board can finish.
How much notice does an N12 require?
At least 60 days, and the termination date must fall on the last day of a rental period. On a fixed-term lease it must be the last day of the term. A termination date that does not line up with the rental period is a defect a tenant can raise at the hearing.
How much compensation is owed on an N12?
One month's rent, or the offer of an acceptable alternative unit. It must be provided before the termination date stated in the notice — a landlord cannot make it conditional on the tenant moving out first. If compensation was not provided in time, the tenant can ask the LTB to dismiss the application as defective.
Who is allowed to move in under an N12?
The landlord or the purchaser, their spouse, parents or children, their parents-in-law or stepchildren, or a caregiver for any of those people. Nobody else qualifies — a sibling, a cousin or a friend does not support an N12.
Can a buyer use an N12 in any building?
No, and this is the most commonly missed restriction. Where the purchaser, their family member or their caregiver is the one moving in, the tenant can only be evicted if the residential complex contains three units or fewer, or the unit is a condominium.
Do I have to move out when I get an N12?
No. An N12 is the first step of a legal process, not a final order. You can choose to move out, or you can stay and let the LTB decide. If you stay, the landlord has to file an L2 application and prove the notice was given in good faith at a hearing.
What can I do if the eviction was in bad faith?
Apply to the LTB using a T5 — "Landlord Gave a Notice of Termination in Bad Faith". It applies where you moved out after an N12 and the stated reason turned out to be untrue, for example the unit was re-listed at a higher rent instead of being occupied. The fee is $53, or $48 through the Tribunals Ontario Portal.
How long does the person have to live in the unit?
Where the landlord, their family member or a caregiver is moving in, the sworn statement must confirm an intention to occupy the unit for at least one year. Moving out well short of that, or re-renting the unit, is the pattern the LTB treats as evidence of bad faith.
Sources
- Tribunals Ontario — Forms, filing and fees (N12 and L2 instructions, current fees)
- Tribunals Ontario — Legislative Changes at the LTB (30 June 2026)
- CLEO / Steps to Justice — Does your landlord or a buyer want to move in?
- Government of Ontario — Residential Tenancies Act, 2006
Requirements verified 12 August 2026. Amendments take effect in September 2026 — confirm against Tribunals Ontario before serving or responding to a notice.