N12 Notice Ontario: Landlord’s Own Use, Compensation and Bad Faith Risks

N12 Notice Ontario and the Residential Tenancies Act, 2006

Ontario landlords sometimes use an N12 Notice Ontario when they say they need the rental unit for their own use or for close family members, but strict rules apply under the Residential Tenancies Act, 2006 and the Landlord and Tenant Board. This article outlines key requirements, compensation obligations and common bad‑faith risks so landlords and tenants understand the framework but it is no replacement for individual legal advice.

Quick Answers: N12 Notice Ontario

What is an N12 Notice Ontario?

It is a Landlord and Tenant Board notice to end a tenancy because the landlord, a qualifying family member, or a purchaser requires the unit for residential use.

What if my landlord serves an N12 Notice Ontario because they want to sell the property?

An N12 Notice Ontario can be used when a purchaser or their close family member genuinely intends to move into the rental unit, but selling the property alone does not automatically mean you have to move. If you have been told the property will be sold and are unsure whether you must leave, you can read more in our article, “My landlord wants to sell the house – do I have to move?” available here: https://www.windsorparalegal.com/post/my-landlord-wants-to-sell-the-house-do-i-have-to-move

Does an N12 Notice Ontario automatically evict a tenant?

No. If the tenant does not move out, the landlord must file an application with the Landlord and Tenant Board and obtain an eviction order.

What compensation is required with an N12 Notice Ontario?

In most cases, the landlord must pay compensation equal to one month’s rent or offer another acceptable rental unit before the termination date.

Can tenants challenge an N12 Notice Ontario?

Yes. if the tenant does not vacate pursuant to an N12 which has been served on them then they may raise arguments at hearing related to the landlord's intentions and obligations to challenge an N12.

Where can I find official N12 forms?

Official forms and filing instructions are available on the Landlord and Tenant Board’s “Forms, filing and fees” page:https://tribunalsontario.ca/ltb/forms-filing- and-fees/

What Is an N12 Notice Ontario Tenants May Receive?

An N12 Notice Ontario is formally titled “Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit.” It is used when a landlord or certain close family members intend to move into the unit, or when a purchaser requires the unit.

Receiving an N12 does not mean a tenant must automatically leave. If the tenant does not move out by the termination date on the N12 Notice, the landlord must file the appropriate application (Form L2) with the Landlord and Tenant Board and ask for an eviction order.

Landlords and tenants can review the Board’s forms and filing instructions on the Landlord and Tenant Board website here:

Landlord and Tenant Board – Forms, filing and fees: https://tribunalsontario.ca/ltb/forms-filing-and-fees/

When Can a Landlord Serve an N12 Notice Ontario?

Eligible Occupants and Genuine Intention

Under the Residential Tenancies Act, 2006, an N12 Notice Ontario for landlord’s own use may be served when the unit is genuinely required for residential occupation by:

• the landlord

• the landlord’s spouse

• a child or parent of the landlord

• a child or parent of the landlord’s spouse

• a person providing care services to one of those individuals

• a purchaser with a signed agreement of purchase and sale

The Landlord and Tenant Board will look at whether there is a real, good‑faith intention to live in the unit as a home, not simply an excuse to remove a tenant.

N12 Notice Ontario Compensation Requirements

One Month’s Rent or Alternative Unit

Section 48.1 of the Residential Tenancies Act, 2006 requires a landlord serving an N12 Notice Ontario (landlord’s own use) for a month-to-month tenancy to either pay the tenant compensation equal to one month’s rent or offer another acceptable rental unit owned by the landlord. This compensation must be provided on or before the termination date specified in the N12, and should not be withheld until after the tenant has already vacated.

If the landlord fails to pay the required compensation or offer an appropriate alternative unit by the deadline, the Landlord and Tenant Board may dismiss the related eviction application. This can result in delays, added costs and the need to start the process again, which is why many landlords seek assistance from an Ontario paralegal experienced in Landlord and Tenant Board matters in Windsor, Essex County and across the province.

For more information about other compensation‑related applications, landlords and tenants can review the Landlord and Tenant Board forms list:

• https://tribunalsontario.ca/ltb/forms-filing-and-fees/

What Happens After an N12 Notice Ontario Is Served?

Application to the Landlord and Tenant Board

Serving an N12 Notice Ontario is only the first step in the process. If the tenant does not move out by the termination date, the landlord must file an application (often Form L2: Application to End a Tenancy and Evict a Tenant) with the Landlord and Tenant Board, pay the filing fee, and attend a hearing. At the hearing, the Board may look at:

• whether the N12 Notice Ontario was properly completed and served

• whether compensation under section 48.1 was paid or an acceptable unit was offered

• whether the landlord or qualifying family member genuinely intends to occupy the unit

• any evidence suggesting the notice may have been issued in bad faith

Tenants and landlords can learn more about general Board procedures on the Landlord and Tenant Board main page: https://tribunalsontario.ca/ltb/

Bad Faith N12 Notice Ontario Claims and T5 Applications

What Is “Bad Faith” in N12 Cases?

Because the N12 Notice Ontario can be misused to remove long‑term or below‑market‑rent tenants, Ontario law allows tenants to seek remedies where an N12 is given in bad faith. A notice may be found to be in bad faith if, for example:

• the landlord never truly intended to occupy the unit

• the unit is re‑rented shortly after the tenant leaves

• the landlord claimed a qualifying family member would move into the unit, but that person never moved in and or the unit was instead left vacant or used for storage for an extended period

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If a tenant believes an N12 Notice Ontario was served in bad faith, they may be able to bring a T5: Tenant’s Application – "Landlord Gave a Notice of Termination in Bad Faith" to the Landlord and Tenant Board. In some cases where bad faith is proven, the Board has authority to award financial compensation, fines and other remedies.

Evidence the Landlord and Tenant Board May Consider

In N12 Notice Ontario disputes, the Landlord and Tenant Board considers both documentary and testimonial evidence to decide an appropriate resolution to the dispute. This may include:

• testimony about the landlord’s housing plans and timing

• written communications between landlord and tenant

• advertising or listing history for the unit

The credibility of the landlord’s stated intention is often central. Furthermore, If the unit is advertised for rent or sold shortly after an N12 eviction based on landlord’s own use, that may raise questions about whether the original N12 Notice Ontario was served in good faith. T5 applications are filed by tenants to request fines and compensation from a landlord who they believe removed them from the unit in bad faith.

Tenants who suspect bad faith should review information about T5 applications for Notice of Termination in Bad Faith on our blog here https://www.windsorparalegal.com/post/form-t5-a-tenants-application-for-a-landlord-s-notice-in-bad-faith and may benefit from speaking with an Ontario paralegal who regularly appears before the Landlord and Tenant Board.

N12 issues arise frequently in Windsor, Essex County and throughout Ontario as the rental market changes. Whether you are a landlord seeking to end a tenancy for landlord’s own use or a tenant who has received an N12 Notice Ontario and is unsure of your options, it is important to understand the basic rules while recognizing that every situation is fact‑specific.

Our paralegal practice is licensed by the Law Society of Ontario and represents landlords and tenants in Landlord and Tenant Board matters across Ontario, including Windsor and surrounding communities. If you have specific questions, get in touch with us here.