Form N12: Notice to End a Tenancy for Landlord’s Own Use in Ontario (2025)

📍 Service Areas: Georgetown • Halton Hills • Milton • Guelph • Oakville • Burlington • Mississauga • Brampton • Orangeville • Caledon

What Is Form N12?

Form N12 is the official notice a landlord uses to end a tenancy because the landlord, a qualifying family member, or a purchaser of the property needs to move into the rental unit.

Unlike Form N4, which deals with unpaid rent, an N12 is not about anything the tenant has done wrong. It ends a tenancy because the landlord has a legitimate personal need for the unit.

Because N12 evictions displace tenants who have done nothing wrong, the RTA imposes strict requirements on landlords. The rules around notice periods, compensation, and genuine intent are unforgiving. One procedural error can void the notice entirely.

When Can a Landlord Use Form N12?

There are two situations where an N12 applies:

1. Landlord or Family Member Use

The landlord, their spouse, a child or parent of the landlord or their spouse, or a caregiver for one of those individuals genuinely intends to move into the unit and live there for at least one year.

Note that the RTA is specific about which family members qualify. A landlord cannot serve an N12 for a sibling, cousin, or other relative not listed in Section 48(1).

2. Purchaser’s Own Use

The property has been sold and the purchaser, or a qualifying family member of the purchaser, intends to move in. This generally applies to properties with three or fewer residential units. When the buyer is a corporation, an N12 for purchaser’s own use is not valid.

Important: Form N12 is not used for renovations or demolition. Those situations require Form N13. Using the wrong form will result in your application being dismissed.

Key Requirements: What Landlords Must Get Right

Good Faith Intention

The person named in the N12 must genuinely intend to occupy the unit as their primary residence for a minimum of one year. The LTB scrutinizes this closely. If a landlord serves an N12 and then re-rents the unit at a higher price shortly after, that is evidence of bad faith and can result in significant financial penalties.

Notice Period

The termination date on the N12 must be:

  • At least 60 days after the notice is served, and
  • The last day of a rental period (for example, the last day of the month if rent is due on the first)

A termination date that is 60 days out but falls mid-month is invalid. The notice cannot be corrected after it has been served.

Compensation

Landlords are required to pay the tenant compensation on or before the termination date.

After serving the N12, the landlord must file the supporting application with the LTB.

What Tenants Should Know

Receiving an N12 does not mean you have to leave immediately or without recourse. You have the right to:

  • Dispute the notice at an LTB hearing if you believe the landlord is not acting in good faith
  • Leave early by giving at least 10 days written notice, without owing rent beyond your move-out date
  • File an application if the landlord or purchaser never moves in after you vacate, and seek compensation for bad faith eviction

If you receive an N12 and are not sure whether it is valid, getting professional advice before the termination date is critical.

Common N12 Mistakes That Can Void the Notice

  • Wrong termination date
  • Naming a family member who does not qualify under Section 48
  • Failing to pay compensation by the termination date
  • Filing the application after the 30-day deadline
  • Using N12 for renovation or demolition (use N13 instead)
  • Serving the notice without genuine intent to occupy

Frequently Asked Questions

Can a landlord serve an N12 if they own multiple properties?
The landlord must genuinely require that specific unit. Owning other properties does not automatically disqualify a landlord from serving an N12, but the LTB will examine whether the stated need is real.
What happens if the landlord or purchaser does not move in after I leave?
You can file an application with the LTB for bad faith eviction. If the Board finds the landlord acted in bad faith, you may be entitled to significant compensation.
Can a tenant refuse to leave after receiving an N12?
Yes. The N12 does not physically remove a tenant. The landlord must file an application with the Landlord and Tenant Board and obtain an eviction order. Only a Sheriff can enforce physical eviction.
Does the N12 apply to fixed-term leases?
The termination date on the N12 cannot be earlier than the end of the fixed-term lease, unless both parties agree otherwise.
Can the purchaser of a condo or house serve an N12?
Yes, if the property has three or fewer residential units and the purchaser is an individual, not a corporation. The landlord who served the notice remains responsible for paying the one month’s compensation, not the purchaser.

Get Professional Help with Your N12

Whether you are a landlord preparing to serve an N12 or a tenant who has received one, the stakes are high and the process is technical. A procedural error on either side can result in months of delay and significant financial loss.

AA Paralegal Services represents both landlords and tenants in N12 matters throughout Georgetown, Halton Hills, Milton, Guelph, Oakville, Burlington, Mississauga, Brampton, Orangeville, and Caledon.