How much notice does an N12 require?

The termination date must be at least 60 days after the date of service and must be the last day of a rental period. For a monthly tenancy with rent due on the 1st, if you serve on April 20, the earliest valid termination date is June 30 — not June 19, because rent runs month-end to month-end.

Do I have to pay the tenant compensation?

Yes. Since September 2017, the landlord must pay the tenant one month's rent as compensation, or offer a comparable rental unit, before the termination date in the notice. If you file an L2 application and the tenant has not been paid or offered a unit, the LTB will dismiss the application.

Who counts as "family" for an N12?

Under s.48(1) of the RTA, the landlord, the landlord's spouse, a child or parent of the landlord or landlord's spouse, or a person who provides or will provide care services to the landlord or a listed family member. Siblings, nieces, nephews, and cousins do not qualify. Using an N12 for a non-qualifying relative is bad faith.

What is the bad-faith penalty?

If the landlord (or purchaser) does not move in within a reasonable time and use the unit for at least one year, or if the unit is re-rented or listed for sale within one year, the former tenant can file a T5 application and the LTB can order up to 12 months of rent differential, moving costs, general damages, and administrative fines up to $50,000 (individual) or $250,000 (corporation). The onus shifts to the landlord to prove good faith.

Can the tenant refuse to leave after the N12 termination date?

Yes — the N12 alone does not evict. You must file an L2 application at the LTB and attend a hearing. The tenant can challenge good faith, the 60-day notice period, compensation, or the purchaser affidavit. LTB hearings for N12 matters are currently waiting 6 to 10 months from application to hearing in most regions.

Ontario N12 Notice — Own-Use Eviction Rules (2026)

Q: What is the LSB 72A affidavit?

When the N12 is served because a purchaser wants to move in, the L2 application must be accompanied by an affidavit from the purchaser (not the seller/landlord) stating that the purchaser or a qualifying family member in good faith requires possession for residential occupation for at least one year. The LTB introduced this sworn-statement requirement in 2017 specifically to curb renoviction-style N12 abuses.

When an N12 is the right form

Form N12 is the LTB's Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit. It is used in three scenarios:

You want to move into the unit yourself.
A qualifying family member (spouse, parent, child of you or your spouse, or a caregiver) will move in.
The unit has been sold under an Agreement of Purchase and Sale, and the buyer or buyer's qualifying family member will move in.

If the reason is renovation, demolition, or conversion, you need an N13 — not an N12. If you just want the rental unit back for Airbnb or short-term rental, an N12 is not available, and using one is bad-faith eviction.

Termination date — the 60-day rule

The termination date on an N12 must be at least 60 days after service and must be the last day of a rental period. For a monthly tenancy, the last day of the month. For a weekly tenancy, the last day of that week. Serving mid-month does not shift the termination — it just means more than 60 days of notice.

Example: rent due on the 1st, you serve on April 20. The earliest valid termination is June 30 — because May 31 is only 41 days away, not 60. A common N12 failure is serving with a termination 60 days out that does not coincide with a rent cycle.

Compensation — the mandatory month

Under s.48.1 of the RTA (in force since September 2017), the landlord must pay the tenant one month of rent, or offer a comparable rental unit, on or before the termination date. This is not optional. If the L2 application is filed and compensation has not been paid, the LTB will dismiss the application — even if the tenant has already moved out.

The payment is an absolute condition, not a set-off. You cannot deduct unpaid rent or damages from the compensation and hand the tenant the balance. The cleanest way is a separate cheque or e-transfer with the memo “N12 compensation” and a written receipt that the tenant signs.

Purchaser N12s and the 72A affidavit

If the N12 is served because of a sale, the L2 application must be accompanied by an affidavit sworn by the purchaser (not the seller) that the purchaser or a qualifying family member in good faith requires possession for residential occupation for at least one year. This is the LTB Form L2 schedule commonly called the “72A affidavit.”

No sworn purchaser affidavit, no hearing. The LTB introduced this requirement specifically to curb cases where a seller served an N12 against a sitting tenant to make the unit “vacant possession” for the sale, and the buyer then re-rented it within weeks.

Bad-faith penalties under s.57

If the landlord or purchaser does not actually move in, or moves in and leaves within one year, or re-rents or lists the unit within one year at a higher rent, the former tenant can file a T5 application. The remedies available to the LTB include:

The increased rent differential for up to 12 months.
Moving costs, storage, and out-of-pocket expenses.
General damages.
Administrative fines up to $50,000 (individual) or $250,000 (corporation).
An order the landlord offer the former tenant the unit back at the old rent.

The onus at the T5 hearing is on the landlord to prove good faith. “I changed my mind” is not enough — the LTB looks at listing activity, occupancy evidence, and timing.

N12s are high-stakes. Generate one correctly or have us review yours before service.

Start my N12 →

Related Ontario resources

BeProSe is a document preparation service, not a law firm. We do not provide legal advice. Given the bad-faith penalties, N12 matters should be reviewed by a licensed Ontario paralegal or lawyer before service.

Ontario N12 — own-use eviction done by the book