Being served with an eviction notice because your landlord wants a family member to move in can be stressful and confusing. In Ontario, there are rules and protections for tenants in this situation. This guide explains when a landlord can legally evict you for their own or their immediate family’s occupancy under current Ontario laws, key steps you can take, and where to turn for support.

When Can a Landlord Evict for Family Use in Ontario?

Under Ontario’s Residential Tenancies Act, 2006, a landlord can end a tenancy if they, their spouse, child, parent, spouse’s child or parent, or a caregiver intend to move in and occupy the unit in good faith¹. This process is sometimes called "landlord’s own use." The rules are strict to help prevent bad-faith evictions.

• This only applies to residential rental units, not commercial or temporary accommodations.
• The landlord or qualifying family member must genuinely intend to use the unit as their principal residence.
• You cannot be evicted for distant relatives, friends, or business partners to move in.

For a complete overview of tenant rights and landlord obligations, see Tenant Rights in Ontario.

What Notice and Compensation Are Required?

Ontario law requires landlords to use Form N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit when evicting for this reason. This form must be completed correctly and served to you at least 60 days before the desired termination date, which must line up with the end of a rental period or lease.

Form N12: What Tenants Need to Know

• Form Name: N12 Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (official source)
• Purpose: Notifies you that your landlord, a family member, or purchaser wants to move in
• How Used: Landlord serves it 60 days before termination, with all reasons clearly stated

As a tenant, you are entitled to receive:

• 60 days’ written notice on the correct form
• One month’s rent as compensation (mandatory for most tenancies)
• Compensation must be paid before the termination date on the notice

If you have questions about rights and responsibilities at different stages of your tenancy, the page Obligations of Landlords and Tenants: Rights and Responsibilities Explained may help.

Disputing or Challenging a Family Move-In Eviction

Receiving a Form N12 does not always mean you must move out. If you believe the landlord is not acting in good faith—such as wanting to re-rent at a higher price or never actually moving in—you have the right to dispute the eviction.

How to Respond:

• The landlord must apply to the Landlord and Tenant Board (LTB) for an eviction order if you do not agree to move out voluntarily
• You can attend the hearing, present evidence, and argue your case
• Evidence could include proof the landlord has done this before, or has current tenants elsewhere

If the landlord or their family member does not move in within a reasonable time, you may apply for compensation through the LTB for bad faith eviction. Tenants can claim up to 12 months’ rent in some cases.

What Happens After Notice is Served?

If you move out by the termination date, make sure to document the condition of your unit. For tips about ending your lease, refer to How to Properly End Your Rental Agreement as a Tenant. You may also want to prepare for a final inspection and discuss any outstanding matters about your rental deposit.

If you need to find a new rental, Find rental homes across Canada on Houseme offers an easy way to browse listings for your next home.

Summary: Your Rights in Eviction for Family Use

In summary, Ontario tenants:

• Cannot be evicted for landlord’s family use unless laws and procedures are strictly followed
• Are entitled to proper notice, compensation, and a hearing if they choose not to leave
• Can dispute evictions they believe are in bad faith

For further details, visit our guide to Tenant Rights in Ontario.

Frequently Asked Questions

1. Who counts as "family" for a landlord’s own-use eviction?
   In Ontario, only the landlord, their spouse, children, parents, spouse’s children or parents, or a caregiver qualify. Extended family such as cousins or siblings are not included.
2. What should I do if I believe my eviction is not in good faith?
   You can contest the eviction at a Landlord and Tenant Board hearing. Gather evidence and be prepared to explain your concerns about bad faith.
3. Is my landlord required to pay compensation for this type of eviction?
   Yes, in most cases, they must pay you an amount equal to one month’s rent or offer you another acceptable rental unit before the notice termination date.
4. Can I move out before the notice period ends?
   Yes, you can give proper written notice and move out early, but check all requirements to avoid penalties or forfeiting compensation.

Need Help? Resources for Tenants

• Landlord and Tenant Board (Ontario): Official eviction forms, resources, and tenant help
• Ontario Ministry of Municipal Affairs and Housing: Renting in Ontario
• Local community legal clinics, such as Legal Aid Ontario, can help tenants for free or low cost in eviction disputes

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1. Residential Tenancies Act, 2006 (Ontario government website)
2. Landlord and Tenant Board forms and process (LTB official site)
3. Ontario eviction notice and compensation rules (Ontario.ca - Renting: Rights and responsibilities)

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