N12 notice in Ontario: ending a tenancy so you or your family can move in
An individual landlord can serve an N12 when they, a spouse, a child or parent, or a caregiver will live in the unit for at least a year, giving at least 60 days' notice ending on the last day of a rental period and paying one month's rent, unless an N12 served on or after September 21, 2026 gives at least 120 days' notice.
General information, not legal advice. The Residential Tenancies Act, 2006 and the official Landlord and Tenant Board (LTB) forms and instructions are the authority. Rules changed on September 21, 2026, so always download the current form from the LTB before you serve it. If your situation is unusual, talk to a lawyer or licensed paralegal.
Changed in 2026: for an own-use N12 served on or after September 21, 2026, you do not have to pay compensation if you give at least 120 days' notice ending on the last day of a rental period or fixed term. The intended occupant is also expected to move in within 60 days of the termination date. The LTB updated the N12 and L2 forms and says previous versions will not be accepted after November 30, 2026.
Key points
- An N12 is for when you, your spouse, a child or parent (yours or your spouse's), or a caregiver will live in the unit for at least one year.
- Only an individual landlord can give an own-use N12. A corporation cannot.
- Give at least 60 days' notice. The termination date must be the last day of a rental period, or the end of a fixed term.
- You must pay one month's rent or offer another unit the tenant accepts, by the termination date. The exception is an own-use N12 with at least 120 days' notice served on or after September 21, 2026.
- If the tenant doesn't move out, file an L2 with a declaration or affidavit from the person moving in. File no later than 30 days after the termination date.
- Bad faith is costly. Penalties include up to 12 months' rent to the former tenant, LTB fines and prosecution.
- The N13 is a different notice, used for demolition, major repairs or conversion.
Who qualifies
| Person moving in | Own-use N12 | Purchaser N12 |
|---|---|---|
| Landlord or purchaser | Yes | Yes |
| Their spouse | Yes | Yes |
| Child or parent of them or their spouse | Yes | Yes |
| Caregiver for one of the above, if the person receiving care lives or will live in the same building or complex | Yes | Yes |
| Siblings, grandparents, cousins, friends | No | No |
The person must need the unit for their own residential use for at least one year. The unit must be owned at least partly by an individual, and the landlord must be an individual. If the property is held in a corporation, you cannot use an N12 for own use.
Purchasers: if you have a signed agreement of purchase and sale, you can serve an N12 for the buyer. The building must have no more than three residential units, or the unit must be a condominium unit. You, the seller, are responsible for paying the compensation.
Some units are protected. For example, you can't give an N12 to a tenant who lived there when the building became a condominium, or when a severance was approved.
Notice period and termination date
The termination date must be at least 60 days after you give the notice. It must also be the last day of a rental period, or the last day of a fixed-term lease. Don't count the day you give it. Add 5 days for mail or 1 business day for courier. You cannot post it on the door.
Example from the LTB: rent is due on the 1st and you hand over the N12 on August 1. The earliest termination date is September 30. If you mail it, the earliest is October 31.
The tenant can leave earlier. They give you at least 10 days' written notice.
Compensation
| Situation | What you owe |
|---|---|
| Own-use N12, 60 to 119 days' notice | One month's rent, or another unit the tenant accepts |
| Own-use N12 served on or after Sept 21, 2026 with 120+ days' notice, ending at the end of a period or term | No compensation required |
| Purchaser N12 (any notice length) | One month's rent, or another unit the tenant accepts, paid by the seller |
Pay the compensation no later than the termination date and get a receipt. The LTB will not issue an eviction order until you have paid or offered an acceptable unit. If the LTB refuses your application, it may order the tenant to pay the compensation back.
If the tenant doesn't move: the L2 application
- File Form L2 with a copy of the N12 and the Certificate of Service. You can file right after you give the notice. The deadline is 30 days after the termination date.
- Complete Schedule B. Say whether you paid compensation (amount and date), offered another unit, or will pay.
- Include a declaration signed by the person moving in, or a sworn affidavit. In it, they confirm they need the unit in good faith for their own use for at least one year. The LTB will not accept the application without it.
- List every other N12 or N13 you gave in the past two years, for any unit. Include the date, address, intended occupant and any LTB file number.
- Pay the fee: $186 on the Tribunals Ontario Portal, or $201 by other methods.
- At the hearing, the LTB looks at good faith. It can consider your history of N12 and N13 notices.
Bad faith: what happens if you don't move in
A former tenant can file a T5 application within one year of moving out. Bad faith is presumed if you advertise the unit for rent, re-rent it, list it for sale, demolish it or start converting it. This applies from the day you gave the N12 until one year after the tenant leaves. For own-use N12s, the LTB also says bad faith is presumed if no eligible person moves in within 60 days of the termination date. You can try to rebut these presumptions, but you must prove it.
The LTB can order you to pay:
- the tenant's increased rent for one year,
- general compensation of up to 12 months of their last rent,
- moving and storage costs, and
- an administrative fine.
Separately, getting possession through a bad-faith notice is an offence. Fines go up to $100,000 for an individual and $500,000 for a corporation.
N12 vs N13
| N12 | N13 | |
|---|---|---|
| Reason | Landlord, family, caregiver or purchaser will live there | Demolition, conversion, or repairs that need a permit and vacant possession |
| Minimum notice | 60 days | 120 days |
| Compensation | One month's rent (unless the 120-day own-use exception applies) | Varies with building size and reason; tenant may have a right to move back |
Common mistakes
- Picking a termination date that isn't the last day of a rental period.
- Serving an N12 for a sibling or grandparent.
- Paying compensation late, or not keeping proof of payment.
- Forgetting the declaration, or the list of past N12 and N13 notices.
- Re-listing the unit for rent or sale within a year.
Frequently asked questions
How much notice does an N12 require in Ontario?
At least 60 days, and the termination date must be the last day of a rental period or the end of a fixed term. Add 5 days if you mail the notice. For an own-use N12 served on or after September 21, 2026, giving at least 120 days' notice means you do not have to pay compensation.
Do I have to pay compensation for an N12?
Usually yes: one month's rent, or another rental unit the tenant accepts, paid no later than the termination date. The exception is an own-use N12 served on or after September 21, 2026 with at least 120 days' notice. A purchaser N12 always requires compensation, paid by the seller.
Who can move in under an N12?
The landlord, the landlord's spouse, a child or parent of the landlord or spouse, or a caregiver for one of them if the person receiving care lives in the same building. A purchaser and the same family members can qualify in a building with no more than three units or a condo unit. Siblings and grandparents do not qualify.
What if my tenant does not move out after an N12?
File an L2 application with the LTB no later than 30 days after the termination date. Include Schedule B, a copy of the N12, the Certificate of Service, and a declaration or affidavit signed by the person moving in. Only the Court Enforcement Office (Sheriff) can enforce an eviction order.
What happens if I give an N12 and nobody moves in?
The former tenant can file a T5 application within one year of moving out. The LTB can order you to pay their increased rent for a year, up to 12 months of rent as general compensation, moving costs and a fine. Bad faith is also an offence with fines of up to $100,000 for an individual.
What is the difference between an N12 and an N13?
An N12 is for when you, certain family members, a caregiver or a purchaser will live in the unit, with at least 60 days' notice. An N13 is for demolition, conversion or repairs that need a building permit and vacant possession, with at least 120 days' notice and different compensation rules.
Related tools and guides
- Last month's rent deposit in Ontario
- N1 vs N2 vs N10: Ontario rent increase forms
- Rent receipt generator (use it for compensation payments too)
- Track rent and arrears in your Landlord Pilot workspace
Official sources
- Residential Tenancies Act, 2006 (ontario.ca e-Laws, consolidated version in force from 2026-09-21)
- LTB: Form N12 instructions (updated September 21, 2026)
- LTB: Form L2 instructions (Schedule B and declaration)
- LTB brochure: How a Landlord Can End a Tenancy (updated September 21, 2026)
- Tribunals Ontario: LTB operational update, legislative changes effective September 21, 2026
- Tribunals Ontario: LTB forms, filing and fees
- Landlord and Tenant Board home page (Tribunals Ontario Portal access)
Last checked: 2026-11-01.