N12 Notices in Ontario

Updated: March 2026

Written by the Keith & Françoise Real Estate Team, Ontario Realtors®, with experience advising landlords, tenants, and buyers on N12 notices and personal use evictions across the GTA and Niagara Region.

What Is an N12 Notice?

The N12 notice is one of the most commonly used and frequently disputed eviction tools in Ontario. It allows a landlord to end a tenancy when the landlord, a close family member, or a purchaser of the property genuinely intends to move into the unit. The Residential Tenancies Act (RTA) governs the N12 notice. The rules are specific, but mistakes happen. Timing errors, compensation issues, and intent problems lead to regular challenges at the Landlord and Tenant Board (LTB).

This article answers your N12 questions. Landlords in Mississauga planning to issue one will find guidance. Buyers purchasing tenanted properties in Hamilton will understand the rules. Tenants in Niagara Falls who just received one will learn their rights. The article explains what the N12 requires. It outlines tenant rights. It identifies where the process most commonly goes wrong.

For a broader overview of how tenancies end in Ontario, including other notice types and mutual agreements, see our guide on how residential leases end in Ontario. For the full leasing framework, return to our complete guide to leasing in Ontario.

An N12 is a formal notice to end a tenancy when the landlord, a member of the landlord’s immediate family, or a purchaser requires the rental unit for personal use. Use the LTB’s prescribed N12 form. This is not a general termination tool. You cannot use it for convenience, to raise rent, or to make the unit available for a higher-paying tenant.

How the N12 Works

The N12 does not end the tenancy by itself. If the tenant does not move out by the termination date, the landlord must apply to the LTB for an eviction order. The Board then holds a hearing. Both parties can present their case.

When an N12 Notice Can Be Used

Under section 48 of the RTA, an N12 notice can be issued in three situations.

Landlord Occupancy

The landlord personally intends to occupy the unit as their residence. The intention must be genuine at the time the notice takes effect. It’s not enough for it to be genuine only at the time of service.

Immediate Family Member Occupancy

A spouse, child, or parent of the landlord intends to occupy the unit. The RTA defines “immediate family” narrowly. It does not include siblings, cousins, and in-laws.

Purchaser Occupancy

A person who has entered into an agreement of purchase and sale for the property intends to occupy the unit. This is common when a buyer purchases a tenanted property and wants to live in it. The agreement of purchase and sale must be in place before the landlord serves the N12.

In all three cases, the intent to occupy must be genuine. It must also exist for at least 12 months after the tenant vacates. If the landlord or purchaser does not actually move in, the tenant can file a bad faith complaint with the LTB.

Notice Periods and Timing

The N12 requires at least 60 days’ written notice. The termination date on the notice must be the last day of a rental period. If the tenant is on a fixed-term lease, the termination date must be the last day of the lease term, whichever is later.

Calculating the Termination Date

For example, if a tenant pays rent on the first of each month and the landlord serves an N12 on March 10, the earliest termination date is May 31. This provides 60 days’ notice. It also ends on the last day of a rental period. If the tenant is on a fixed-term lease that expires on August 31, the termination date cannot be earlier than August 31. This rule applies even if 60 days from the service date falls earlier.

Getting the termination date wrong is one of the most common errors. If the date does not align with the end of a rental period or the end of the fixed term, the notice may be invalid.

Compensation Requirements

In most cases, the landlord must give the tenant one month’s rent as compensation. Payment must happen by the termination date on the notice. Alternatively, the landlord can offer an acceptable rental unit instead of cash. Cash payment is more common.

Compensation Payment Rules

The LTB dismisses eviction applications if landlords don’t pay compensation. This is a strict requirement. Overlooking or delaying payment causes landlords to lose the entire process.

The 120-Day Exception

A limited exception allows landlords to forgo compensation if they give at least 120 days’ notice before the fixed-term lease ends. This option requires strict compliance with all statutory conditions. The lease must be in its fixed term. The personal use requirement must be genuine. The 120-day timeline must align with the lease expiry date. Landlords often face LTB challenges when applying this exception incorrectly.

What Tenants Should Know

Receiving an N12 doesn’t require immediate departure. You can stay past the termination date if you believe the notice is invalid. Tenants should understand the following.

Tenant Rights When Receiving an N12

You can stay and dispute the notice. If you believe the N12 is invalid, remain in the unit past the termination date. The landlord must apply to the LTB for an eviction order. You present your case at a hearing.

Verify the compensation. Check whether the landlord has paid (or offered) one month’s rent in compensation. If they have not, raise this at the LTB hearing.

Check the termination date. The date must align with the end of your rental period or the end of your fixed-term lease. If it doesn’t, the notice is defective.

Ask about intent. If you have reason to believe the landlord does not genuinely intend to move in, raise this concern at the hearing. This applies if a family member or purchaser also lacks genuine intent. The LTB takes bad faith N12s seriously.

For a full breakdown of your rights as a tenant, see our guide on tenant rights and landlord obligations in Ontario.

N12 Notices and Property Sales

Selling a property does not automatically end a tenancy. The buyer takes the property subject to the existing lease. If the buyer wants to live in the unit, the seller (as the current landlord) can serve an N12 on behalf of the purchaser. Alternatively, the buyer can serve the N12 after closing.

Vacant Possession Conditions in Sales

In practice, many GTA sale agreements include a vacant possession condition. This pressures the seller to obtain vacant possession. Usually the seller serves an N12 and goes through the LTB process if the tenant does not leave voluntarily. The timeline can be several months. Sellers and buyers need to plan accordingly.

For a detailed guide on how to handle a sale when a tenant is in place, see our article on selling a tenanted property in Ontario.

Bad Faith N12 Notices

A bad faith N12 occurs when the landlord serves it without genuine intent. This happens when a landlord uses the N12 to remove a tenant, then re-rents at a higher price. It also happens when a landlord renovates and relists the unit. A landlord who never moves in is engaging in bad faith.

Bad Faith Penalties

Under the RTA (and strengthened by Bill 60), tenants evicted through a bad faith N12 can file a T5 application with the LTB. The Board orders the former landlord to pay the tenant up to 12 months’ rent in compensation. Additional damages may also be awarded. The LTB has become increasingly willing to award significant penalties in bad faith cases. This is particularly true in the GTA where the practice has been widespread.

Protecting Yourself

Landlords who issue an N12 should be prepared to demonstrate genuine intent. If circumstances change after you serve the notice, withdraw it. This is better than proceeding and facing a bad faith claim later.

Practical Advice for Both Sides

Advice for landlords

Use the correct N12 form from the LTB. Pay the one month’s rent compensation on time. Confirm the termination date is correct. Prepare to prove genuine intent at a hearing. Don’t use the N12 to remove a tenant for financial reasons. If the tenant disputes the notice, don’t change locks. Don’t pressure them to leave. Follow the LTB process.

Advice for tenants

Read the notice carefully. Verify the termination date, stated reason, and compensation payment. If something looks wrong, you have the right to stay and dispute the notice at the LTB. Keep copies of everything. If you believe the N12 is being used in bad faith, document your concerns. Raise them at the hearing or file a T5 after you leave.

For information about how access and showings work during the N12 process, see our guide on access and showings during a tenancy in Ontario.

What Tenants and Landlords Ask About the N12 Notice

Rental market conditions, landlord obligations, and tenant rights can vary depending on the property type and specific circumstances. This article reflects our experience working with tenants and landlords across Ontario, particularly in the GTA and Niagara Region. For advice specific to your situation, speak with a qualified real estate professional or licensed paralegal before making decisions.