What to Do When You Get an N12 Notice

An N12 means your landlord says they, a family member, or a purchaser needs your unit. You have more rights than the notice suggests — including compensation and a bad-faith remedy.

|Residential Tenancies Act, 2006

What an N12 Actually Is

An N12 is a notice that your landlord intends to end your tenancy because the landlord, their immediate family, or (in small buildings being sold) the purchaser requires the unit for their own residential use. It comes from section 48 of the Residential Tenancies Act, which requires that the landlord "in good faith requires possession of the rental unit for the purpose of residential occupation" — for at least one year.

Receiving an N12 does not mean you must move by the date on it. Only the Landlord and Tenant Board can evict you, after a hearing, if you do not leave voluntarily.

Your Baseline Rights

  • 60 days minimum: the termination date must be at least 60 days after you receive the notice, and it must fall on the last day of a rental period (section 48(2)).
  • One month's compensation: under section 48.1, the landlord must pay you one month's rent (or offer an acceptable alternative unit) before the termination date.
  • Good faith is the whole ballgame: at the hearing, the landlord must prove genuine intention that the named person will actually move in for at least a year. Affidavit or declaration evidence from the person is required.

Heads Up: The Rules Change September 21, 2026

Bill 60 amendments to the RTA come into force on September 21, 2026. From that date, a landlord who gives at least 120 days' notice (ending on a period or term end) will not owe the one-month compensation. Until then, the compensation requirement applies to every N12.

The Bad-Faith Problem — and Your Remedy

The N12 is the most abused notice in Ontario. The classic pattern: tenant leaves, unit is re-listed at a higher rent weeks later. If that happens to you, file a T5 application (bad-faith notice) at the Board — within one year of moving out. Remedies can include the difference between your old and new rent for up to a year, moving costs, general compensation, and administrative fines against the landlord.

Practical evidence to keep: the N12 itself, all correspondence, photos of the unit, and — after you move — listing screenshots for your old unit (rental sites, Kijiji, Facebook Marketplace).

What to Do, Step by Step

  1. Do not panic and do not immediately move. Verify: is the notice on the proper form, is the date at least 60 days out on a period end, has compensation been paid?
  2. Decide whether to contest. If anything smells off — a landlord who "needs" the unit right after you complained about repairs, or a serial N12 building — you can stay and require a hearing.
  3. At the hearing, the landlord bears the burden of proving good faith. Past N12 history and re-listing evidence matter.
  4. If you move and the move-in never happens, file the T5 within one year.

An N12 is a claim, not a verdict. Make the landlord prove it.

Frequently Asked Questions

Do I have to move out by the date on the N12?

No. Only the Landlord and Tenant Board can end your tenancy. If you stay, the landlord must apply to the Board (L2) and prove good faith at a hearing.

What compensation am I owed for an N12?

One month's rent (or an acceptable alternative unit), paid before the termination date, under section 48.1. From September 21, 2026, an exception applies where the landlord gives at least 120 days' notice ending on a period or term end.

My old unit was re-listed right after I moved out. What can I do?

File a T5 bad-faith application with the Board within one year of moving out. Remedies include up to a year of the rent differential, moving costs, and fines.

Who counts as family for an N12?

The landlord or their spouse, a child or parent of either, or a caregiver for one of them. In buildings of three units or fewer that are being sold, the purchaser or their immediate family can also qualify.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer or your local legal clinic.