N12 Form Ontario: How the Landlord’s Own-Use Notice Works in 2026

Last updated: October 7, 2026.

What is an N12 form?

The N12 is the Landlord and Tenant Board (LTB) form called Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit. It is a “no-fault” notice, so the law adds protections: a minimum notice period, compensation unless the 120-day exception below applies, a signed statement (affidavit or declaration) from the person moving in, and penalties for bad faith.

An N12 does not evict anyone on its own. If the tenant stays, the landlord has to apply to the LTB on Form L2. Only an LTB eviction order, enforced by the Sheriff, can remove a tenant. Our guide to how evictions work in Ontario covers the wider process.

Getting the official form: download the current N12, marked “N12 (2026/09)”, and its online instructions from the LTB forms page. The LTB says previous versions of its updated forms will no longer be accepted as of November 30, 2026. Don’t rely on the 2020 PDF instructions, which predate the 120-day rule.

Who can use an N12, and who can’t

Reason 1: the landlord’s own use (section 48)

A landlord can give an N12 if they, in good faith, need the unit so that one of these people can live there for at least one year:

• the landlord or the landlord’s spouse;
• a child or parent of the landlord or of the landlord’s spouse; or
• a person who provides or will provide care services to one of those people, if the person receiving care lives, or will live, in the same building or complex.

Only one intended occupant has to be named.

The landlord must be an individual, and the unit must be owned at least partly by an individual. A corporation therefore cannot use Reason 1. Siblings, grandchildren, aunts, uncles and cousins don’t qualify.

Reason 2: a buyer’s own use (section 49)

A landlord who has signed an agreement of purchase and sale can give an N12 on the buyer’s behalf when the buyer, the buyer’s spouse, a child or parent of either of them, or a caregiver for one of them, in good faith needs the unit to live in. The building must have no more than three residential units, or the unit must be a condominium unit.

The LTB can refuse the application if the sale looks uncertain or like a pretext. The Act sets no one-year period for buyers, but the plan to move in must be genuine.

When an N12 can’t be used

There are technical exceptions, for example for a tenant who already lived in the unit when the building was registered as a condominium or the property was severed, and in certain co-ownership buildings. Check the LTB instructions or get advice if one might apply.

N12 notice period: 60 days, the termination date and the 120-day option

The 60-day minimum

The termination date on every N12 must be:

1. at least 60 days after the notice is given; and
2. the last day of a rental period (usually the day before rent is due) or, for a fixed-term lease, the last day of the term.

Don’t count the day you give the notice. A notice sent by mail counts as given five days after mailing. For courier, the LTB instructions say to add one business day.

A wrong termination date makes the notice defective. It can’t be corrected later, so the landlord has to start again.

Worked example

Rent is due on the 1st and the tenancy is month to month. The landlord hands the tenant an N12 on November 2, 2026.

• 60-day notice: the 60th day is January 1, 2027, so the earliest valid termination date is January 31, 2027.
• 120-day notice: the 120th day is March 2, 2027, so the earliest termination date that qualifies is March 31, 2027. February 28 would be only 118 days.

The N12 120-day rule

For a Reason 1 N12 (landlord’s own use), the landlord does not have to pay compensation or offer another unit if all three of these are true:

1. the notice was given on or after September 21, 2026;
2. the termination date is at least 120 days after the notice was given; and
3. the termination date is the last day of a rental period or of the fixed term.

The 120-day option removes the compensation and nothing else. Good faith, the affidavit, the hearing if the tenant stays, and the bad-faith penalties all still apply. It does not apply to a buyer’s N12, and the minimum notice is still 60 days. See our summary of the September 21, 2026 changes to the RTA.

N12 compensation: when one month’s rent is owed

• Deadline: pay no later than the termination date. The LTB cannot issue an eviction order until compensation owed is paid, and if the termination date has passed without payment, the LTB’s guideline says the application will be dismissed unless there are exceptional circumstances.
• Rent waiver: waiving a month’s rent can count if the waiver is clear, tied to a specific month and communicated before the termination date. Put it in writing.
• If things go wrong: if the LTB refuses the landlord’s application, it can order the tenant to repay the compensation. A tenant who wasn’t paid compensation owed can apply to the LTB for it (on a T1, or as part of a T5), generally within one year.

How to fill out and serve an N12: step by step for landlords

1. Confirm you qualify under Reason 1 or Reason 2 above.
2. Use the current form (2026/09) and the online instructions.
3. Fill in the parties. Give every tenant’s name, spelled correctly, and the full address, including the unit number, municipality and postal code.
4. Pick the termination date. Either 60 days or more with compensation, or (Reason 1 only) 120 days or more without it. The date must be the last day of a rental period or the end of the term, and you need to allow for mailing time.
5. Complete the reason. Name the intended occupant and their relationship, then sign and date the notice. Remove the checklist pages before serving.
6. Serve it properly. Hand it to the tenant or an adult in the unit, leave it in the mailbox or where mail is normally delivered, slide it under the door or through a mail slot, or send it by courier or mail. Use email only if the tenant has agreed in writing. Never post it on the door.
7. Record service. Note who served it, how and when, for the Certificate of Service. Keep a copy of the notice.
8. Pay compensation if it’s owed, by the termination date, and keep proof.
9. If the tenant stays, file an L2 application, any time after serving but no later than 30 days after the termination date. Include:
   • the N12;
   • the Certificate of Service;
   • an affidavit or declaration from the person moving in, confirming they need the unit in good faith for their own use (for Reason 1, for at least one year); and
   • the L2’s disclosure of whether you gave any other N12 or N13 notice, for any unit, in the two years before filing, with details of each one.

   The LTB won’t accept the application without the affidavit. If it can’t be uploaded with an online filing, the LTB Rules allow five calendar days to file it.

Received an N12? Your options as a tenant

Check the notice first: the names, the address, a valid termination date, the reason, the intended occupant and a signature. Then work out whether compensation is owed, and by when.

Option 1: move out

If you leave by the termination date, the tenancy ends that day. You can also leave earlier by giving the landlord at least 10 days’ written notice on LTB Form N9. If compensation is owed, agree in writing how and when it will be paid before you go.

A landlord may also offer extra money for an agreed move-out date. That’s optional for both sides and can be put in writing with an N11 agreement to end the tenancy.

Option 2: stay and let the LTB decide

You don’t have to move out because you received an N12, and you don’t need to file anything to dispute it. If you stay, the landlord must file an L2, and the LTB will send you the application and a Notice of Hearing.

What the landlord must prove at the hearing

The burden is on the landlord, not the tenant. On a balance of probabilities, the landlord must show that:

• the notice is valid;
• they genuinely intend for the named person to move in (for Reason 1, for at least a year);
• any compensation owed has been paid; and
• the affidavit and the disclosure of earlier notices were filed.

The LTB asks whether the plan is genuine, not whether it is sensible, and it can look at what the landlord did after serving the notice.

The LTB may offer mediation, which is voluntary and confidential. Even if the landlord proves the case, the LTB must consider refusing or delaying the eviction. In N12 cases it can delay without the landlord’s consent if that would not be unfair to the landlord or other tenants. An eviction order cannot take effect before the N12 termination date.

After you move: the T5 bad-faith application

You can file a T5 application if you moved out because of an N12 (or an application or order based on it), neither the named person nor anyone else who qualifies moved in within a reasonable time, and you believe the notice was given in bad faith. The deadline is one year after you moved out. For a buyer’s N12, name the buyer as well as the landlord.

The LTB can order your increased rent for up to a year, moving and storage costs, general compensation of up to 12 months’ rent, a rent abatement, an administrative fine, and other orders. Separately, knowingly getting possession through a bad-faith notice is an offence, with fines on conviction of up to $100,000 for an individual and $500,000 for a corporation. Our page on the N12 loophole explains the warning signs.

Good faith and the 2026 rules

Good faith means a genuine intention to have the named person live in the unit. If the real issue is the tenant’s conduct, a different notice applies, such as an N5 for interference, damage or overcrowding.

For Reason 1 notices, the LTB presumes bad faith in a T5 in two situations, unless the landlord proves otherwise:

• The 60-day rule (T5s filed on or after September 21, 2026): nobody on the list moved in within 60 days after the termination date or, if the tenant left later than that date, within 60 days after the tenant moved out.
• The one-year rule: between serving the notice and one year after the tenant left, the landlord advertised the unit for rent, rented it to someone else, advertised the unit or building for sale, demolished it, or took steps to convert it to non-residential use.

Neither presumption applies to a buyer’s N12, but a buyer can still be found in bad faith. Landlords should keep proof of the move (change of address, utilities, insurance). Tenants should keep copies of everything and watch for listings.

Common N12 mistakes

• A termination date that isn’t the last day of a period or term, or falls short once mailing days are added.
• Counting 120 days from the mailing date rather than the date the notice counts as given. If that leaves fewer than 120 days, the notice may still be valid, but compensation is owed.
• Assuming the 120-day option covers a sale.
• Using an N12 for a sibling, or giving an own-use (Reason 1) N12 when the landlord is a corporation.
• Late or undocumented compensation.
• Serving by email without written consent, or taping the notice to the door.
• Missing the 30-day L2 deadline, the affidavit, or the disclosure of earlier notices.
• For tenants: moving out in the belief that you must, or missing the one-year T5 deadline.

N12 vs N13 vs N11 vs N4

N12 FAQs

Get help with an N12

An N12 turns on dates, paperwork and genuine intention. Daniel English is a licensed paralegal who helps Ontario landlords and tenants with N12 notices, L2 hearings and T5 applications. For a second look before you serve or answer an N12, book a free 15-minute call or phone 1-437-995-9529. More on our landlord and tenant paralegal services.

This page is general information about Ontario law as of the date above. It is not legal advice for your situation.