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What is an N12 Notice?
An N12 is a "Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit." It allows a landlord to terminate a tenancy when the unit is genuinely needed for personal occupation — either by the landlord, a qualifying family member, or in some cases a purchaser of the property.
Unlike the N4 (which is about non-payment), the N12 does not give the tenant an option to fix the situation and stay. If the tenant does not vacate, the landlord must apply to the LTB for an eviction order.
Key distinction: The N12 is for genuine personal use. If you serve an N12 and then re-rent the unit to a new tenant or don't actually occupy it yourself, you are exposed to a bad faith finding and significant financial penalties. The LTB takes N12 abuse seriously.
Who Qualifies as a Permissible Occupant
The RTA limits who you can serve an N12 for. The unit must be required for occupation by one of the following:
| Occupant | Notes |
|---|---|
| The landlord | Must intend to occupy the unit personally |
| The landlord's spouse | Current spouse or same-sex partner |
| The landlord's child or parent | Includes step-children, step-parents, and children/parents of the landlord's spouse |
| A person who provides care services | Where the landlord or a family member requires care and the caregiver needs to reside in the unit or an adjacent unit |
| A purchaser of the property | Only if the property is a single-family home, and requires N12 to be served at the direction of the purchaser |
Corporate landlords: If the landlord is a corporation, the corporation itself cannot "personally use" a unit. N12s served by corporations on behalf of an officer or director are generally not permitted under the RTA. Individual landlords only.
Compensation Requirement
Before the termination date takes effect, the landlord must pay the tenant compensation equal to one month's rent. This is not optional — it is a legal requirement, and failure to pay voids the N12.
The compensation must be paid before the termination date, not after. The most common mistake is assuming the tenant is compensated when they move out. Payment must precede the move-out date.
How to pay: Pay by cheque, e-transfer, or any traceable method. Keep a record of the payment — date, amount, and method. If the tenant disputes whether they were compensated, your documentation is your evidence at the LTB hearing.
Notice Period and Termination Date
The N12 requires at least 60 days notice before the termination date. The termination date must fall on the last day of a rental period — typically the last day of the month for monthly tenancies.
| Requirement | Rule |
|---|---|
| Minimum notice | 60 days before the termination date |
| Termination date | Must be the last day of a rental period (e.g., last day of the month) |
| Mail service | Add 5 days if serving by regular mail (deemed served 5 days after mailing) |
| Fixed-term leases | Termination date cannot be earlier than the end of the fixed term |
For a monthly tenancy where rent is due on the 1st, and you want the tenant to vacate by August 31: you must serve the N12 by July 2 at the latest (60 days before August 31). If mailing, serve by June 27.
How to Serve the N12
Use the official LTB N12 form from tribunalsontario.ca. Accepted service methods are the same as for the N4 — hand delivery, leaving in mailbox, mail, or email (if the tenant has agreed in writing to email service).
Document how and when you served the notice. If the tenant disputes receipt, your proof of service is critical.
After the N12: The L2 Application
If the tenant does not vacate by the termination date, you must file an L2 Application to End a Tenancy and Evict a Tenant with the LTB. You cannot re-enter the unit without an LTB order — self-help eviction is illegal in Ontario.
For the L2, you will need:
- A copy of the N12 you served
- Documentation of service (how and when)
- Proof that you paid the one-month compensation
- The LTB filing fee
At the hearing, the LTB will assess whether the N12 was served properly and whether your intention to occupy is genuine. Be prepared to explain in detail who is moving in, when, and for how long.
Bad Faith — The Risk You Must Understand
If you serve an N12 in bad faith — meaning you did not genuinely intend for the stated person to occupy the unit — the tenant can file a T5 application with the LTB. A bad faith finding can result in:
- An order to pay the tenant up to 12 months rent as a penalty
- An order to pay the tenant's moving and storage costs
- An order to allow the tenant to return to the unit
- Any other remedy the LTB considers appropriate
The LTB looks at what actually happened after the tenancy ended. If you re-rented the unit within a year, that is strong evidence of bad faith regardless of your stated intentions when you served the N12.
Common Mistakes
- Termination date not on last day of rental period. Even a single day off makes the notice defective.
- Less than 60 days notice. Counting from the service date, not the date the form was filled out.
- Not paying compensation before the termination date. The payment must precede the move-out date — not be arranged on moving day.
- Naming someone who doesn't qualify. A sibling, cousin, or friend does not qualify. Only the people listed in the RTA count.
- Not following through. If the qualifying person does not move in within a reasonable time after the tenant vacates, you are exposed to a bad faith T5 application.
- Using N12 to evict a difficult tenant. The LTB scrutinizes N12 applications carefully. If there is evidence of ongoing landlord-tenant conflict preceding the N12, it may be treated as bad faith.
Free: The Complete N-Form Guide Pack
Step-by-step procedures for the N4, N12, and N1 — including compensation requirements, service timelines, and a checklist for each form. Free download.
Download Free →Summary: N12 Checklist
- Confirm the intended occupant qualifies under RTA s.48
- Use the official LTB N12 form
- Give at least 60 days notice; termination date must be last day of a rental period
- Pay one month's rent as compensation before the termination date
- Document service method, date, and compensation payment
- If tenant doesn't vacate, file an L2 — do not re-enter without an LTB order
- Ensure the qualifying person genuinely occupies the unit after vacancy
This article is for informational purposes only and does not constitute legal advice. The N12 process involves significant legal risk, including bad faith penalties. Consult a licensed paralegal or lawyer before serving an N12.