The N12 Notice Explained

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What an N12 notice is
Who can move in: landlord, purchaser, or caregiver
The 60-day notice period
The compensation requirement
A tenant's right to dispute at the LTB
Bad-faith use and LTB remedies
Practical next steps

What an N12 notice is

The N12, formally "Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit," is the form used in Ontario when a landlord (or certain other qualifying people) intends to move into the rental unit rather than ending the tenancy because of anything the tenant did. It is one of the "no-fault" notices under the Residential Tenancies Act, 2006 (RTA), meaning the tenant is not being asked to leave because of a lease violation, but because someone else genuinely intends to occupy the unit as a residence.

Who can move in: landlord, purchaser, or caregiver

An N12 can generally be used in a few specific situations:

The landlord intends to move into the unit personally.
The landlord's spouse, or a child or parent of the landlord or the landlord's spouse, intends to move in.
A purchaser under a genuine agreement of purchase and sale intends to move in, or a family member of the purchaser as described above.
A person who will provide care services to the landlord or a qualifying family member intends to move into the unit for that purpose.

In each case, the requirement is that the person actually intends, in good faith, to occupy the unit as their residence for a period the LTB generally considers to be a reasonable length of time — not simply to clear the unit for another purpose.

The 60-day notice period

An N12 must generally give the tenant at least 60 days' notice, and the termination date on the notice must generally fall on the last day of a rental period (for example, the last day of the month for a monthly tenancy) or, for a fixed-term lease, no earlier than the end of that term. A notice that gives less than 60 days, or that picks an invalid termination date, may be defective and can be challenged on that basis.

Key point

Sixty days is a minimum, not a moving deadline in itself. As with every other termination notice, an N12 does not end the tenancy by itself — if the tenant does not move out voluntarily, the landlord must still file an L2 application and get an LTB order before an eviction can proceed.

The compensation requirement

Because an N12 ends a tenancy through no fault of the tenant, the RTA generally requires the landlord to compensate the tenant — either an amount equal to one month's rent, or by offering the tenant another rental unit acceptable to the tenant. This compensation is generally required to be paid on or before the termination date stated on the notice. A landlord who does not provide this compensation may find the notice challenged as invalid at the LTB.

A tenant's right to dispute at the LTB

A tenant who receives an N12 does not have to simply accept it. If the landlord files an L2 application to formally end the tenancy, the matter generally proceeds to an LTB hearing, where the tenant can dispute the notice. Common issues raised at this stage include whether the stated intention to occupy the unit is genuine, whether the correct notice period and termination date were used, and whether the required compensation was actually paid or offered. Our LTB hearing guide explains how to prepare for a hearing like this.

Bad-faith use and LTB remedies

The RTA takes the good-faith requirement behind an N12 seriously. If a tenant moves out based on an N12 and later has reason to believe the landlord, purchaser, or family member never actually moved in — or moved out again shortly afterward without a legitimate reason — the tenant may generally apply to the LTB for relief. The LTB has authority to order remedies in these situations, which can include compensation to the tenant for costs related to the bad-faith eviction, and in some cases other penalties available under the RTA. The specific remedy the LTB may order depends heavily on the facts of the case, and outcomes are decided by the Board (or, in serious cases, the courts) rather than being fixed in advance.

Common misconception

Some tenants believe that once they move out after an N12, there is nothing more they can do. In fact, if the landlord did not actually use the unit as claimed, a tenant may still have options at the LTB even after moving out, generally within the applicable time limits for filing an application.

Practical next steps

Tenants who receive an N12 should confirm the notice period, termination date, and whether compensation has been paid or offered, and consider whether the stated intention seems genuine based on what they know. Landlords issuing an N12 should keep clear records supporting the genuine intention to occupy the unit, since this can matter significantly if the notice is disputed at the LTB. Both sides may benefit from speaking with a paralegal or lawyer, particularly where a dispute over good faith seems likely. For the broader eviction process this notice fits into, see our guide to evictions in Ontario and our overview of LTB orders and enforcement.

This article provides general information about Ontario landlord and tenant law. It is not legal advice. For advice about a specific situation, consult a licensed paralegal or lawyer, or contact the Landlord and Tenant Board.