Bad-Faith N12 Evictions in Ontario: Tenant Rights & Next Steps

If you’ve received an N12 eviction notice in Ontario because your landlord claims they or their family want to move in—or the unit will be sold for a buyer’s own use—you may worry about whether the eviction is genuine. Understanding what counts as a “bad-faith” N12, your legal protections, and how to respond is essential. This article explains what to do if you suspect your landlord is not acting legitimately, what official steps you can take, and how Ontario law protects you.

What Is an N12 Notice and When Is It Used?

The N12 notice ("Notice to End your Tenancy because the Landlord, a Purchaser or a Family Member Requires the Rental Unit") is an official eviction notice under the Residential Tenancies Act, 2006. Landlords can only issue it in these cases:

• The landlord, their immediate family (spouse, child, parent), or a caregiver plans to move into the unit
• The property is being sold and the purchaser (or their family/caregiver) genuinely needs to move in

The landlord must give at least 60 days’ notice before your termination date and serve you with Form N12, which you can see and download on the Landlord and Tenant Board (LTB) website.

What Counts as a Bad-Faith N12 Eviction?

A "bad-faith" N12 eviction occurs when a landlord serves you an N12 for one of the above reasons but actually intends to re-rent the unit to someone else, raise the rent unlawfully, or simply remove you for convenience. This is illegal, and tenants have strong protections under Ontario law.

How Can You Tell If Your N12 Eviction Might Be in Bad Faith?

Some signs include:

• Your landlord has threatened to re-rent to someone else immediately after you move out
• You see rental ads for your current unit before or after the notice period
• You learn of a new tenant moving in who doesn’t match the stated reason (e.g., not a close family member or purchaser)
• The landlord has a history of serving N12s to other tenants regularly

Responding to an N12: Tenant Action Steps

Receiving an N12 notice does not automatically end your tenancy. The landlord must also apply to the Landlord and Tenant Board (LTB) for an eviction order. Here’s how you can protect yourself:

• Don’t move out just because you received the notice. Wait for formal legal steps from your landlord.
• Attend the LTB hearing: You’ll receive a Notice of Hearing from the Board. This is your chance to present your side and any suspicion of bad faith.
• Submit evidence: Bring any proof you have of bad faith to the hearing (messages, photos, online ads, witness testimony).
• If you’re evicted and later discover the landlord re-rented the unit, you can file to claim compensation.

Important Official Forms

• Form N12 – Notice to End your Tenancy
  Used by the landlord to provide a minimum 60 days’ notice when they or their qualified family/caregiver needs the unit, or the purchaser requires it.
  Download Form N12 (PDF)
• Form L2 – Application to End a Tenancy and Evict a Tenant
  Landlords must file the L2 with the LTB to officially seek your eviction after serving an N12. You will be notified of your hearing.
  Download Form L2 (PDF)
• Form T5 – Tenant Application: Bad Faith Notice
  If you move out and later find out the landlord didn’t act in good faith, use Form T5 to ask for compensation. For example, if you see your former unit online for rent soon after, file this form with the LTB.
  Download Form T5 (PDF)

The Landlord and Tenant Board (LTB) is the legal tribunal that handles eviction hearings and complaints under the Residential Tenancies Act, 2006 in Ontario.

Compensation If Your Landlord Acts in Bad Faith

If the LTB finds the landlord acted in bad faith, you may be eligible for:

• Up to 12 months’ rent as compensation
• Moving and related costs
• Monetary damages for inconvenience or lost housing opportunities

Learn more about your overall protections by visiting Tenant Rights in Ontario.

What Else Should Ontario Tenants Know?

While facing an eviction notice, it’s important to stay informed about other tenant rights, such as your responsibilities and the proper way to end a rental agreement. For more context, you may find Obligations of Landlords and Tenants: Rights and Responsibilities Explained helpful. And if you’re planning your next move, Browse apartments for rent in Canada for a wide variety of options and tenant resources.

1. What should I do if my landlord tries to force me out before the notice period ends?
   If your landlord pressures you to leave before your legal termination date, remind them of your rights and contact the Landlord and Tenant Board immediately for guidance.
2. Can my landlord increase the rent after a bad-faith N12 eviction?
   No, Ontario law prohibits rent increases above the legal guideline between tenants except in specific cases. If you suspect this, consider reporting it and reviewing Understanding Rent Increases: What Tenants Need to Know.
3. What if I refuse to leave after receiving an N12?
   You cannot be forced to move out without an eviction order from the LTB. Attend your hearing and present your case. Only a Sheriff can carry out an eviction.
4. When do I use Form T5?
   File Form T5 if you can prove your landlord gave you an N12 notice in bad faith. Examples include seeing your former unit re-rented or evidence the landlord did not move in as claimed.
5. How long do I have to file a complaint about a bad-faith N12?
   You must file Form T5 within one year of vacating the unit due to the N12 notice.

Conclusion: Key Takeaways for Ontario Tenants

• Receiving an N12 notice is not the final word—you have the right to a hearing and to contest any claim of bad faith.
• If you suspect your landlord gave an N12 notice without intending to use the property as stated, gather evidence and contact the LTB promptly.
• Ontario law protects you with compensation for proven bad-faith evictions—don’t hesitate to exercise your rights.

Need Help? Resources for Tenants

• Landlord and Tenant Board (LTB) – information, forms, and contacts
• Ontario Government: Renting in Ontario – Your Rights
• Tenant Advocacy Centres: Local legal clinics for free tenant advice (find your local clinic at Legal Aid Ontario)
• Tenant Rights in Ontario – a complete overview of tenant protections and responsibilities

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1. Residential Tenancies Act, 2006 - Ontario Statute
2. Landlord and Tenant Board (LTB)
3. LTB Official Forms Directory

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