What to Do When You Get an N12 Notice in Ontario

What Is an N12 Notice?

An N12 is a formal notice from your landlord stating they want to end your tenancy so that they, a family member, or a purchaser can move into the unit for their own personal use. It is one of the most common — and most abused — eviction notices in Ontario.

What the Law Says

Section 48 of the Residential Tenancies Act, 2006 (RTA) allows a landlord to give an N12 notice if:

• The landlord genuinely intends to occupy the unit themselves
• A member of the landlord's immediate family genuinely intends to occupy the unit
• A person who has agreed to purchase the property genuinely intends to occupy the unit

Section 49 covers the purchaser scenario specifically — if the landlord has entered an agreement of purchase and sale, and the purchaser requires the unit for personal use.

Key Requirements for a Valid N12

The N12 must meet all of the following conditions:

1. 60 days' notice minimum — The termination date must be at least 60 days after the notice is served
2. End of rental period — The termination date must align with the end of a rental period (typically the last day of a month)
3. One month's rent compensation — The landlord must pay you compensation equal to one month's rent before the termination date (s. 48.1). If they don't, the N12 is void.
4. Good faith — The landlord or family member must genuinely intend to occupy the unit for at least 12 months

Your Rights When You Receive an N12

You do not have to move out on the termination date. An N12 notice is not an eviction order. Only the LTB can order an eviction. Here's what to know:

You Can Wait for the LTB Hearing

• The landlord must file an L2 application with the LTB to enforce the N12
• You will receive a hearing date where you can present your case
• Until the LTB issues an order, you have no obligation to leave

You Can Challenge the N12

At the hearing, you can argue:

• The landlord does not genuinely intend to occupy the unit (bad faith)
• The notice was not properly served
• The termination date does not comply with the 60-day and end-of-period requirements
• The landlord has not paid the required one month's rent compensation

Compensation is Mandatory

Under section 48.1 (added by the Protecting Tenants and Strengthening Community Housing Act, 2020):

• The landlord must pay you one month's rent before the termination date
• If they fail to pay, the N12 notice is void and the LTB should dismiss the application
• This is in addition to any agreement you negotiate for moving costs

Bad Faith N12s

Bad faith N12s are a serious problem in Toronto. Some landlords use N12 notices to remove tenants paying below-market rent, with no genuine intention of occupying the unit. Signs of bad faith include:

• The landlord re-lists the unit shortly after you move out
• The landlord has served N12s on multiple tenants
• The stated family member never actually moves in
• The unit is renovated and re-rented at a higher price

Under section 57 of the RTA, if you believe you were evicted in bad faith, you can file a T5 application at the LTB within one year. Remedies include:

• The difference in rent for up to 12 months
• Reasonable moving and storage costs
• A fine payable to the LTB
• An order that the landlord pay general compensation

Steps to Take

1. Read the N12 carefully — Check the termination date and reason given
2. Confirm the 60 days' notice — Count the days. If insufficient, the notice may be invalid.
3. Demand compensation — One month's rent must be paid before the termination date
4. Don't panic — You do not have to leave until the LTB orders it
5. Attend the LTB hearing — Present your case. Many N12 applications are dismissed.
6. Document everything — Keep the N12, any communications, and evidence of the landlord's intentions

RenterShield flags lease clauses that may relate to personal-use evictions. Upload your lease to check for issues with your tenancy terms.