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An N12 is a formal notice used in specific circumstances when a landlord, purchaser or certain qualifying family members or caregivers require a rental unit for residential occupation. A bad-faith N12 eviction occurs when the notice is not given honestly for the stated personal-use reason. Because these notices can displace tenants, Ontario law provides remedies when bad faith is proven.
Current-law note: this article reflects Ontario law in force as of September 21, 2026, including the N12-related amendments that took effect that day. For the full package, see Ontario Rental Rule Changes for 2026. Transitional rules may apply to notices or applications started before the amendments came into force, so the current legislation and LTB forms/instructions should be checked for the specific case.
General information only: this is not legal advice.
What an N12 does — and does not do
An N12 is a notice of termination, not an eviction order. If the tenant does not leave, the landlord generally must obtain an LTB order. If an eviction order is issued and the tenant does not leave voluntarily, enforcement is through the Court Enforcement Office (Sheriff).
For landlord’s own use under section 48 of the Residential Tenancies Act, 2006, the eligible occupants include the landlord, the landlord’s spouse, a child or parent of the landlord or spouse, or a qualifying caregiver. The occupation must be required in good faith.
For purchaser’s own use under section 49, additional statutory conditions apply. For a non-condominium residential complex, purchaser-use N12s are generally limited to a complex containing no more than three residential units and require an agreement of purchase and sale.
See Selling a Tenanted Property in Ontario: N12 and Purchaser Use.
Current notice and compensation rules
For N12 notices, the termination date must generally be at least 60 days after the notice is given and must fall on the last day of the rental period or, for a fixed-term tenancy, the last day of the fixed term.
For a landlord’s own-use N12 under section 48 given on or after September 21, 2026, the landlord must generally pay compensation equal to one month’s rent by the termination date or offer another acceptable rental unit. However, compensation or an alternate unit is not required if the termination date is at least 120 days after the notice is given and otherwise satisfies the statutory timing rules. For a purchaser’s own-use N12 under section 49, the one-month compensation or acceptable alternate-unit requirement continues to apply; the 120-day compensation exception does not apply.
What does bad faith mean?
A bad-faith N12 case focuses on whether the stated intention was genuine when the notice was given. Under section 57, a former tenant may apply where the landlord gave an N12 in bad faith, the tenant vacated because of the notice or an associated LTB application/order, and the required person did not occupy the unit within a reasonable time.
The LTB’s T5 instructions explain that the tenant generally must prove that, at the time the notice was given, the landlord or purchaser did not genuinely intend the identified person to move in.
What facts can create a bad-faith presumption?
Existing law already identifies circumstances that can support a presumption of bad faith, including certain conduct within the statutory period after the tenant vacates, such as advertising the unit for rent or sale or otherwise acting inconsistently with the stated residential-use purpose, subject to the legislation and evidence.
Effective September 21, 2026: for landlord-own-use notices under section 48, a statutory presumption applies where the intended eligible occupant does not occupy the rental unit within the prescribed period. Ontario Regulation 240/26 sets that prescribed period at 60 days after the N12 termination date where the tenant leaves on or before that date, or 60 days after the tenant actually vacates where the tenant leaves later. The landlord can rebut the presumption on a balance of probabilities.
How long does a former tenant have to file a T5?
For the common N12 bad-faith grounds, the LTB’s T5 instructions state that the application must generally be filed no later than one year after the tenant vacated the rental unit.
What remedies can a tenant request?
Depending on the application and evidence, remedies can include increased rent for a period, reasonable moving/storage expenses, other compensation and general compensation. The current T5 instructions state that general compensation can be ordered up to the equivalent of 12 months of the last rent charged.
Evidence tenants should preserve
- The N12 and proof of when it was received
- Emails, texts and other communications about the reason for the notice
- The date possession was surrendered
- Lawfully accessible rental or sale advertisements, with dates and identifying details
- Evidence concerning whether the stated occupant moved in
- Moving, storage and increased-rent records
- Any LTB orders or related documents
What landlords should document
- The genuine intended occupant and statutory eligibility
- The signed declaration or affidavit required for an L2 application
- Compensation records where compensation is legally required
- The intended move-in and occupancy plan
- Communications supporting the genuine purpose
- Any later unforeseen event that changed the plan
N12 vs N11
An N12 is a statutory termination notice based on specified residential-use grounds. An N11 is a voluntary agreement between landlord and tenant to end the tenancy. They are not interchangeable, and a tenant is not required to sign an N11 simply because a landlord requests it.
See N11 Agreement to End a Tenancy in Ontario.
Frequently asked questions
Does receiving an N12 mean the tenant must move immediately?
No. An N12 is a notice, not an immediate eviction order.
Can a landlord use an N12 simply because a vacant property is easier to sell?
No. The notice must fit the statutory own-use or purchaser-use grounds. A desire for vacant possession by itself is not a substitute for those requirements.
Can circumstances legitimately change after an N12?
Yes. A later change does not automatically prove that the original notice was given in bad faith. The Board considers the evidence, timing and credibility of the explanation.
Official sources
Related: Ontario Eviction Notices Explained · What to Expect at the LTB · Tenant Resources