The N12 — Notice to End a Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit — is one of Ontario's most scrutinized eviction notices. When used properly, it gives landlords a legal path to reclaim a unit for personal occupancy. When used improperly, it can result in significant penalties.
This guide covers everything you need to know before serving an N12.
What Is the N12 and When Do You Use It?
The N12 is a notice of termination served when:
- You (the landlord) need the unit for your own use
- A qualifying family member needs the unit
- A caregiver for you or a family member needs to live in the unit
It is not used for renovations (that's the N13) or selling the property with the buyer planning to move in (the buyer must serve their own N12 after closing). It is specifically for genuine personal-occupancy situations.
The 60-Day Notice Requirement
The N12 requires a minimum of 60 days' notice. Critically, the termination date must fall on the last day of a rental period.
For a monthly tenancy paid on the first of the month, the termination date must be the last day of a month. So if you serve the notice on February 15, you count 60 days forward (landing around April 16), then set the termination date as the last day of April — April 30.
Getting the termination date wrong is one of the most common reasons N12 notices are dismissed at the LTB. LTB Ready calculates this automatically based on the date you enter.
Mandatory One-Month Compensation
Unlike the N4 (non-payment), the N12 requires the landlord to pay the tenant one month's rent as compensation. This is not optional — it is a legal condition.
The compensation must be paid on or before the termination date in the notice. If you fail to pay by that date, the notice is void, and you would need to start over. Pay early and keep proof (e-transfer confirmation, cheque stub, or bank record).
Who Qualifies as a Personal-Use Recipient?
The Residential Tenancies Act specifies exactly who can be named on an N12. The unit must be needed for:
- The landlord themselves
- The landlord's spouse or common-law partner
- A child of the landlord or the landlord's spouse
- A parent of the landlord or the landlord's spouse
- A person who provides care services to the landlord or the landlord's spouse/child/parent, if that caregiver needs to live in or near the unit to provide care
Siblings, friends, and other relatives do not qualify. The list is closed. If the person you name doesn't fit one of these categories, the LTB will dismiss your application.
What "Genuine Intention" Means
The LTB requires that the landlord have a genuine, good-faith intention to occupy the unit (or have the named person occupy it) for a reasonable period. This is not a formality.
Factors the LTB considers include:
- Does the landlord currently live elsewhere and have a plausible reason to move?
- Has the landlord served N12s on multiple units at the same time?
- Is there a history of bad-faith evictions?
- Does the landlord have other vacant units available?
If the LTB finds the claim is not genuine — for example, the landlord re-rented the unit within 12 months at a higher rent — the tenant can file a T5 Application (bad-faith eviction). Penalties include compensation of up to 12 months' rent.
N12 vs. L2: Understanding the Difference
These two forms are often confused. Here's how they fit together:
- N12 — This is the notice. You serve it on the tenant. It tells them the tenancy is ending and why.
- L2 — This is the application. You file it with the LTB if the tenant doesn't leave after receiving the N12. It asks the Board to issue an eviction order.
You cannot skip the N12 and go straight to the L2 for a personal-use eviction. The N12 is a mandatory precondition. The L2 filing fee is $186.
Common Mistakes to Avoid
- Wrong termination date — not aligning with the last day of the rental period
- Not paying compensation — compensation must arrive on or before the termination date, not after
- Naming an unqualified person — siblings, friends, or extended family don't meet the statutory criteria
- Not moving in — if you serve the N12 and then rent the unit to someone else, you're exposed to a T5 claim
- No Certificate of Service — always complete the COS immediately after serving; you'll need it for the L2
After the Notice Is Served
Once the N12 is served:
- Pay the one-month compensation on or before the termination date
- Keep proof of payment
- If the tenant doesn't leave by the termination date, file the L2 Application
- Attend the LTB hearing prepared with evidence of genuine intent
LTB Ready generates a completed N12 with the correct termination date, flags the compensation requirement, and produces a Certificate of Service — so you arrive at the LTB with everything in order.