What an N12 notice means in Ontario
An N12 is the Landlord's Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit. It is used when the landlord, the landlord's spouse, parent, child, or another qualifying person, or a purchaser and certain family members, genuinely needs the unit for personal residential use.
The notice does not itself evict you. The landlord must give the correct written notice, meet the termination-date rules, pay the required compensation, and apply to the Landlord and Tenant Board (LTB) if you do not move. The Landlord and Tenant Board decides whether an eviction order should be issued.
N12 notice periods and termination dates
For most monthly or yearly tenancies, an N12 must generally be given at least 60 days before the termination date. The termination date usually must be the last day of a rental period or the last day of a fixed-term agreement. A tenant should compare the date on the notice with the rent-payment cycle and the written tenancy agreement.
- Check that the notice gives at least 60 days and uses a valid termination date.
- Confirm that the landlord used the official N12 form and identified the person who will occupy the home.
- Keep the envelope, email, text messages, and a copy of the notice showing when and how it was delivered.
A landlord may serve an N12 during a fixed term, but the termination date generally cannot be earlier than the end of that term. Different rules can apply in special situations, so tenants should read the legislation and obtain advice if the dates are unclear.
Compensation owed to an N12 tenant
Before the termination date in an N12 case, the landlord must generally pay the tenant compensation equal to one month's rent, or offer another acceptable rental unit. The payment is separate from any last month's rent deposit and should not be treated as permission to withhold rent.
- Ask in writing when the one-month compensation will be paid and keep proof of the payment or offer.
- Do not assume that a last month's rent deposit replaces the N12 compensation unless the legal requirements are satisfied.
- Keep receipts for reasonable moving costs and other losses if the landlord does not follow the law.
The official N12 form explains the notice details, while the LTB's information about ending a tenancy helps tenants understand the process. For broader responsibilities, review Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Bad-faith N12 evictions
An N12 must be given in good faith. This means the person named in the notice must genuinely intend to occupy the unit for at least one year. A landlord cannot use an N12 as a pretext to remove a tenant, increase the rent, renovate for resale, or quickly re-rent the home at a higher price.
If the unit is not used for the stated purpose, a tenant may apply to the LTB using a T5 application. The LTB can order compensation for expenses and increased rent, and may order the landlord to pay up to 12 months of the former tenant's rent or the difference between the former and new rent, depending on the remedy available and the evidence. The LTB may also impose an administrative fine or other remedy allowed by law.
- Save rental advertisements, photographs, dates, messages, and witness information showing what happened after you moved.
- Record when the unit was listed, occupied, renovated, or used by the person named in the notice.
- Review the T5 instructions and submit an application to the LTB within the applicable deadline.
Bad faith is not established merely because circumstances change. Evidence is important, and the landlord may explain why the intended occupant could not move in. Tenants should avoid entering the property or contacting new occupants in a threatening way.
How to respond to an N12 notice
You may choose to move by the termination date, negotiate a later date, or remain and require the landlord to apply to the LTB. A tenant who stays after the termination date is not automatically trespassing, but the landlord may seek an eviction order. The LTB will consider the notice, compensation, good faith, and the evidence from both sides.
- Read every page of the N12 and compare the names, address, dates, and delivery method with your records.
- Contact a community legal clinic, tenant duty counsel, or the LTB if you need help understanding the process.
- Organize the lease, rent records, notice, compensation communications, photographs, and witness statements.
- If you move, document the unit's condition, return the keys, and keep your new lease and moving receipts.
For practical moving guidance, see Moving Out Tips: A Tenant's Guide to a Smooth Rental Exit. You can also review Ontario-specific tenant and landlord information through Tenant Rights and Landlord Rights in Ontario.
FAQ
- Can an Ontario landlord evict me immediately with an N12?
- No. An N12 is a notice, not an eviction order. If you do not leave, the landlord generally must apply to the LTB and prove the legal requirements.
- How much compensation is required for an N12?
- The landlord generally must pay one month's rent or offer another acceptable rental unit before the N12 termination date.
- What if the landlord re-rents the unit after I leave?
- You may be able to file a T5 application alleging a bad-faith eviction. Keep evidence about advertising, rent, occupancy, and dates.
- Can I challenge an N12 at an LTB hearing?
- Yes. You can respond to the landlord's application, raise issues with the notice or compensation, and provide relevant evidence and witnesses.
How-To
- Read the N12 and verify the names, address, compensation, service details, and termination date.
- Calculate whether the notice provides the required time and matches the end of your rental period or fixed term.
- Collect your lease, rent receipts, messages, photographs, compensation records, and other relevant evidence.
- Contact the LTB or a legal clinic promptly if the landlord files an application or you need help responding.
- If you move, record the handover, return the keys, save moving receipts, and monitor the unit for possible bad-faith evidence.
Help and Support / Resources
- Landlord and Tenant Board for applications, hearings, and tenant information.
- Ontario LTB forms, including the N12 and T5 forms.
- Ontario Residential Tenancies Act, 2006, the governing provincial legislation.
- Legal Aid Ontario: finding legal help for information about clinics and legal services.
