Many Ontario tenants receive N12 notices stating the landlord or a close family member intends to move into the unit, renovate, or sell the property. When that notice is not genuine and is used to force a tenant out or avoid tenant protections, it may be called a bad-faith N12. This article explains how tenants can recognize signs of bad faith, what evidence matters, and how the Landlord and Tenant Board applies the Residential Tenancies Act, 2006 to these cases. Youll find plain-language case summaries, the official forms you may need, and step-by-step actions to respond. The information helps renters prepare for timelines, hearings, and next steps while protecting their rights in Ontario.
What is a Bad Faith N12?
An N12 is a Notice to End your Tenancy delivered by a landlord when they say the unit is needed for their own use, a close family member, or for major renovations. In Ontario the Landlord and Tenant Board evaluates whether the landlords stated reason is genuine or whether the notice was given in bad faith under the Residential Tenancies Act, 2006[2]. If a landlord uses an N12 to pressure a tenant to leave so the unit can be re-rented at a higher rate, or to avoid obligations under the tenancy, the Board can refuse the termination or order remedies. Landlords and tenants can find the Boards processes on the official tribunal site[1] and use official LTB forms when disputing notices.[3]
Ontario case summaries
- Eviction disguised as personal use: tribunal found landlord acted to re-rent at a higher rate and dismissed the N12.
- Replacement tenant claim rejected: evidence showed landlord made no genuine steps to move in a family member.
- Renovation pretext: LTB awarded tenant compensation after finding the N12 was issued to avoid repairs obligations.
How tenants can respond
If you receive an N12, start by checking the date and reason on the form and gather documents such as photos, text messages, emails, and rent records. If you want guidance on speaking with your landlord or making a complaint, see How to Handle Complaints in Your Rental: A Tenant's Guide or review Common Issues Tenants Face and How to Resolve Them. If alternative housing is needed while you sort the dispute, consider searching listings: Find rental homes across Canada on Houseme.
- Collect evidence: photos of the unit, copies of notices, communication records, and a timeline of events.
- Note deadlines: the LTB has time limits to file a response or application, so act promptly.
- File to the LTB: submit the correct application or response using official forms and be ready to attend a hearing.
FAQ
- Can my landlord give me an N12 to raise the rent later?
- No. Using an N12 to force a tenant out so the landlord can rent at a higher price is considered bad faith and the Landlord and Tenant Board can refuse the termination or award remedies.
- What evidence helps prove bad faith?
- Evidence includes messages or emails showing intent, sudden listings of the unit for rent, inconsistent statements, lack of steps to move a family member in, and rent receipts showing the landlord re-rented at a higher rate.
- Where do I file a dispute about an N12?
- File an application with the Landlord and Tenant Board to dispute termination or seek remedies; the Boards official site has forms and instructions.[1]
How-To
- Gather and organize all relevant evidence, including photos, messages, emails, receipts, and a timeline of events.
- Check deadlines on the notice and the LTB timetable; make a plan to meet filing dates.
- Complete and submit the correct tenant application or response to the LTB using the official form.
- Attend the hearing, present your evidence clearly, and explain why the N12 is bad faith.
- Seek help from a legal clinic, community organization, or lawyer if you are unsure about your case.
Key Takeaways
- Document everything and keep copies of notices, messages, and receipts.
- Meet all LTB deadlines to preserve your right to dispute the notice.
- Use official forms and consider legal or clinic support for complex cases.
