Got an N12? What Ontario Tenants and Landlords Need to Know About 'Own Use' Evictions

An N12 is the notice an Ontario landlord uses to end a tenancy because the landlord, a close family member, or a purchaser intends to move into the unit. It is one of the most disputed notices at the Landlord and Tenant Board (LTB), because the whole case turns on whether the landlord genuinely intends to live there.

The basic rules

• The termination date must be at least 60 days after the notice is given and must be the last day of a rental period (or of a fixed-term lease).

• The person moving in must intend to live there for at least one year.

• The landlord must pay the tenant compensation equal to one month's rent (or offer another acceptable unit), on or before the termination date.

• If the tenant does not leave, the landlord must apply to the LTB (Form L2). The tenant does not have to move out without a Board order.

If you are a tenant

Check the dates and whether compensation was paid. At the hearing, the key question is good faith. If the unit is re-rented, sold or advertised soon after you leave, you may be able to apply to the LTB for a bad-faith remedy, which can include rent differences, moving costs and fines.

If you are a landlord

Serve the notice correctly, pay the compensation on time, and be ready to prove genuine intent, usually with a sworn declaration from the person moving in and supporting evidence. Mistakes in the notice or the compensation can get the application dismissed and restart the clock.

Talk to a licensed paralegal

Merisca Legal Services represents both landlords and tenants at the Landlord and Tenant Board from our Thornhill office, serving Vaughan, Richmond Hill, Markham and Toronto. Call 647 818 3005. This article is general information, not legal advice for your situation.