N12 Personal Use Eviction Guide

When Can You Use an N12?

The N12 allows a landlord to end a tenancy because the landlord, their spouse, child, parent, or caregiver requires the unit. A purchaser can also request the seller to issue an N12 on their behalf.

Key Requirements

• Must serve the notice at least 60 days before the termination date
• The termination date must be the last day of a rental period
• You or your family moving in: an N12 that gives at least 120 days' notice is exempt from the one-month compensation (RTA s.48.1(2), Bill 60, from Sept 21, 2026); with less than 120 days it still requires 1 month's rent. A buyer's N12 always requires it
• The named person must genuinely move in for at least 12 months
• If nobody moves in within 60 days after the termination date (or after the tenant actually leaves, if later), the LTB presumes the notice was in bad faith unless you prove otherwise (RTA s.57(6.1), O. Reg. 240/26)

Bad Faith Penalties

If a landlord gives an N12 in bad faith (without a genuine intent to occupy), the former tenant has a year after leaving to file a T5. The LTB can order the landlord to pay the former tenant up to 12 months' rent, a year of rent difference and moving costs, and can also impose a fine (RTA s.57(3)). The LTB looks at whether anyone actually moved in after the termination date.