The N12 is the Landlord and Tenant Board form a landlord in Ontario uses to end a tenancy because the landlord, a close family member or a caregiver will move into the unit, or because a buyer of the property needs it for the same reason. It is a "no-fault" notice: the tenant has done nothing wrong, so the law sets strict rules on who can be named, the termination date, compensation and proof of good faith. The rules changed on September 21, 2026, and previous versions of the form are not accepted as of November 30, 2026.
At a glance
| Who uses it | An individual landlord (Reason 1), or a landlord who has signed an agreement to sell (Reason 2) |
| When | When the named person genuinely intends to move in |
| Notice period / deadline | At least 60 days, ending on the last day of a rental period or fixed term. With at least 120 days, ending on the last day of a period or term, an own-use N12 given on or after Sept 21, 2026 needs no compensation |
| How it is served or filed | Served on every tenant; filed only with an L2 |
| Filing fee (if an application) | No fee for the N12. L2 fee: $201, or $186 on the Tribunals Ontario Portal |
| Follow-on form | L2, Certificate of Service, and a declaration or affidavit from the person moving in |
What the N12 is for
The N12 covers two grounds in the Residential Tenancies Act, 2006 (RTA).
Reason 1: landlord's own use (RTA s. 48). The landlord, in good faith, needs the unit for residential occupation for at least one year by one of these people:
- the landlord;
- 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 them, if the person receiving care lives or will live in the same building, related group of buildings, mobile home park or land lease community.
Under s. 48(5), Reason 1 is available only if the unit is owned at least in part by an individual and the landlord is an individual. A corporation cannot give it.
Reason 2: purchaser's own use (RTA s. 49). A landlord who has signed an agreement of purchase and sale can give the notice on the buyer's behalf, if the buyer in good faith needs the unit for the buyer or the same circle of family members or caregivers. This is allowed only where:
- the residential complex has no more than three residential units; or
- the unit is a condominium unit (s. 49(2)).
Unlike Reason 1, the statute does not require the purchaser's occupant to stay a year (Interpretation Guideline 12).
The N12 does not end the tenancy by itself. If the tenant does not leave, only an LTB order on an L2 application can end it.
When to use it (and when not to)
Use the N12 only if the intended occupant is on the list above. The LTB's Interpretation Guideline 12 states that a sibling, grandchild, aunt, uncle or cousin does not qualify. It also notes the Court of Appeal's view that a landlord's estate cannot give the notice until it is known who the individual landlord is.
Do not use the N12:
- If a corporation is the landlord, or the unit is not owned by an individual. Guideline 12 describes a case where moving a 1% interest from a corporation to its shareholders just before serving an N12 was found to be bad faith.
- For part-time or occasional use, such as a pied-à-terre or office. That is not "residential occupation" (Guideline 12).
- In a converted or severed building, or a co-op, in the cases listed in RTA s. 51 and the N12 instructions. This includes a tenant who lived there when the complex was registered as a condominium (or when the sale agreement for a proposed condo unit was made), a tenant who lived there when a severance was approved, and most equity co-ops.
- For renovations or demolition. Use the N13.
- For a buyer of a building with four or more units that is not a condominium unit. The application will be dismissed.
Deadlines and limitation periods
- Minimum notice: the termination date must be at least 60 days after the notice is given (RTA ss. 48(2), 49(3)).
- The 120-day option (Reason 1 only): no compensation is owed if the N12 is given on or after September 21, 2026, the termination date is at least 120 days after it is given, and that date is the last day of a rental period or fixed term (s. 48.1(2)).
- Which day: the termination date must be the last day of a rental period, or the last day of the term for a fixed-term lease. For a monthly tenancy with rent due on the 1st, that is the last day of a month. You cannot end a lease early with an N12.
- Counting: do not count the day the notice is given (Rule 1.13). By mail or Xpresspost, the notice is deemed given on the fifth day after mailing (RTA s. 191(3)), so add five days. By courier, add one business day: the notice is deemed given the day after it went to the courier, or the next business day if that day is a Saturday, Sunday or holiday (Rule 3.9; Rule 1.1 defines "holiday" to include weekends), and the N12 instructions say the same thing as "add one business day".
- Examples:
- A notice handed to the tenant on October 31, 2026 for a month-to-month tenancy with rent due on the 1st can use a termination date of December 31, 2026 at the earliest. Compensation is owed because that is less than 120 days.
- A notice handed over on September 30, 2026 with a termination date of January 31, 2027 gives 123 days. Under Reason 1, no compensation is owed.
- No extensions: the LTB cannot extend or shorten a notice period (O. Reg. 516/06, s. 56). An N12 with a short date is defective and cannot be amended (Guideline 10).
- Compensation deadline: any compensation must be paid by the termination date (RTA s. 55.1).
- L2 deadline: you can file immediately after serving, but no later than 30 days after the termination date (RTA s. 69(2)).
- Declaration deadline: file the declaration or affidavit with the L2 (s. 71.1(1)). On the Portal, Rule 4.5 allows 5 calendar days if it could not be uploaded at the same time; otherwise the application can be dismissed.
- After the tenant leaves (Reason 1): the person named must normally move in within 60 days of the termination date, or within 60 days of the day the tenant actually left if that was later (O. Reg. 240/26), and live there at least a year. The former tenant has one year after moving out to file a T5 bad-faith application (s. 57(2)).
How to fill out the N12, section by section
The version on the LTB website is marked N12 (2026/10). Pages 1–2 are a checklist that you should remove before serving. The notice itself is three pages.
Page 1: parties, address and termination date
- To: (Tenant's name) include all tenant names. Name every tenant in possession, spelled correctly, including any subtenant or assignee. Do not name children or guests. Each tenant must receive a copy.
- From: (Landlord's name). Every landlord, as individuals. Under Reason 1 the landlord must be an individual.
- Address of Rental Unit. Street number, street name, unit/apt./suite (for example "Basement" or "Unit 2"), municipality and postal code.
- Termination date (dd/mm/yyyy). Calculate this using the rules above. One date only.
Page 1: My Reason for Ending your Tenancy
Shade one reason.
- Reason 1: write the intended occupant's name. Then check one box: Me, My spouse, My child, My parent, My spouse's child or My spouse's parent. For a caregiver, check the box in the "A person who provides or will provide care services to" row showing who will receive the care.
- Reason 2: write the intended occupant's name and check the matching purchaser box. The purchaser's boxes cover the purchaser, their spouse, child or parent, their spouse's child or parent, and caregivers to any of them.
The form says "Only one intended occupant needs to be identified." If others will move in, you may list them on an attached sheet and check their relationship boxes. Guideline 12 confirms this is optional.
Page 2: Important Information from the LTB
Leave this text exactly as it is. It tells the tenant about the termination date rules, the compensation rule, including the 120-day exception, and the tenant's right to leave early with 10 days' notice on an N9.
Page 3: Signature and representative information
- Shade Landlord or Representative, and fill in first name, last name and phone number.
- Sign and date.
- A representative also fills in the representative block: name, LSO number if licensed, company, mailing address, email and phone.
An unsigned notice may be invalid (RTA s. 43(1)(c); checklist). Leave Office Use Only blank.
Serving it
Give a copy to each tenant using a method allowed by RTA s. 191 or Rule 3.1:
- hand it to the tenant or to an adult in the unit;
- leave it in the mailbox or where mail is ordinarily delivered;
- slide it under the door or through a mail slot;
- send it by courier or by mail or Xpresspost; or
- email it, but only if the tenant has consented in writing to service by email.
You cannot post it on the door. Keep a copy and record exactly how and when you served it. You will swear to this on the Certificate of Service filed with the L2.
Compensation: under Reason 1 with less than 120 days' notice, or under any Reason 2 notice, pay the tenant one month's rent by the termination date, or offer another unit acceptable to them (ss. 48.1, 49.1). Under Reason 2 the obligation stays with the selling landlord, not the buyer (s. 49.1(2)). Keep proof of payment. The L2 asks for the amount and the date paid.
Mistakes that get it refused, voided or dismissed
- A corporate landlord serving a Reason 1 notice. Section 48(5) prohibits it, so the notice cannot support an eviction.
- An ineligible intended occupant, such as a sibling, grandchild, in-law or friend. The ground does not exist, and no amendment can fix it.
- A termination date that is too early or on the wrong day. Examples: fewer than 60 days, the 15th of the month for a tenancy that runs month to month from the 1st, before the end of a fixed term, or forgetting the five mailing days. A defective date makes the notice void, it cannot be corrected after service, and the LTB has no power to extend notice periods.
- Assuming no compensation is owed when the 120-day rule does not apply. It covers only Reason 1, only notices given on or after September 21, 2026, and only where the date is at least 120 days out and is the last day of a period or term. If the date is 119 days out, or this is a buyer's notice, you owe one month's rent. Under RTA s. 83(4) the LTB will not issue an eviction order until compensation is paid. Guideline 12 says that if the termination date has already passed unpaid, the application will be dismissed unless there are exceptional circumstances.
- Missing a tenant. Every tenant in possession must be named and served (Guideline 10). An unnamed co-tenant can defeat the eviction.
- Filing the L2 without the declaration or affidavit from the person moving in. Under s. 71.1(2) the LTB must refuse to accept the application.
- Not disclosing every other N12 or N13 you gave in the past two years, for any unit. Under s. 71.1(3)–(4) the application is refused. Guideline 12 reports that the Court of Appeal has held that an undisclosed prior notice found at the hearing means dismissal, with no amendment allowed.
- A buyer's N12 without a firm sale. The agreement of purchase and sale must exist when you serve. The LTB may refuse or delay if the deal is uncertain or appears to be a pretence (Guideline 12). Give the agreement to the tenant and the LTB at least 7 days before the hearing.
- A buyer's N12 for a building with four or more units that is not a condominium unit. Section 49(1) does not allow it, and the application will be dismissed.
- Filing the L2 more than 30 days after the termination date. Section 69(2) bars it and the LTB cannot extend the time.
- Posting the notice on the door, or emailing without written consent. The service is defective unless you can prove the notice actually reached the tenant in time (s. 191(2)).
- Using an outdated N12. Previous versions are not accepted as of November 30, 2026.
- No real intention to move in. Good faith is judged at service and afterwards, including what the landlord does after serving (Guideline 12). Plans that change, listing the unit or offering the tenant a higher rent to stay are all evidence against you.
What happens next
- The tenant may leave early on 10 days' written notice (N9), or by the termination date. Either way the tenancy ends.
- If the tenant stays, file an L2 with: - the N12; - a Certificate of Service; - the declaration or affidavit; - the compensation details; - the prior-notice disclosure; and - the fee.
It goes to a hearing. You must prove good faith on a balance of probabilities. 3. At the hearing the LTB must also consider refusing or delaying the eviction under RTA s. 83. Since September 21, 2026, for N12 and N13 cases the LTB can delay enforcement over the landlord's objection only if satisfied the delay would not be unfair to the landlord or other tenants (O. Reg. 516/06, s. 8.4). An eviction order cannot take effect before the N12 termination date. Guideline 12 says the LTB usually does not order the tenant to pay the filing fee on a no-fault N12. 4. After the tenant leaves (Reason 1), the person named should move in within 60 days of the termination date (or of the tenant's actual move-out, if later) and live there for at least a year. Under RTA s. 57(5), bad faith is presumed if, at any time from service until one year after the tenant leaves, you: - advertise the unit for rent; - re-rent it to someone else; - advertise the unit or building for sale; - demolish it; or - take any step to convert it to non-residential use.
On a T5 the LTB can order rent differentials, moving costs, up to 12 months' rent in general compensation, and an administrative fine (s. 57(3)).
Recent changes
These took effect September 21, 2026:
- No compensation with 120 days' notice (Reason 1 only), for N12s given on or after this date with a termination date at least 120 days out on the last day of a period or term (RTA s. 48.1(2)). Buyer's N12s still require one month's rent.
- 60-day move-in presumption (Reason 1 only) (RTA s. 57(6.1); O. Reg. 240/26). The 60 days run from the termination date, or from the day the tenant left if they stayed past it. It applies to T5 applications made on or after September 21, 2026 (s. 57(7)), so it can reach N12s served earlier.
- Delaying eviction. Only the "not unfair to the landlord or other tenants" test applies in N12 and N13 cases (O. Reg. 516/06, s. 8.4).
- New form. The N12 was updated (now marked 2026/10). Previous versions are not accepted as of November 30, 2026.
Frequently asked questions
Do I still have to pay one month's rent on an N12?
Only in some cases. For a landlord's-own-use N12 given on or after September 21, 2026, with a termination date at least 120 days out and on the last day of a rental period or term, no compensation is owed. With anything shorter, or with a buyer's N12, you must pay one month's rent by the termination date or offer an acceptable unit.
Can I give an N12 so my brother or grandchild can move in?
No. Only you, your spouse, your or your spouse's child or parent, or a qualifying caregiver can be the intended occupant. The LTB's guideline specifically excludes siblings, grandchildren, aunts, uncles and cousins.
Can a company that owns the property use an N12?
Not for landlord's own use. The unit must be owned at least in part by an individual and the landlord must be an individual (RTA s. 48(5)). A corporate seller can still give a buyer's N12 if the other conditions are met.
Does the person moving in have to swear an affidavit?
Yes. The person who personally needs the unit must give an affidavit, or a signed declaration that the LTB accepts in its place, stating they need it in good faith for their own use (for at least one year under Reason 1). It must be filed with the L2, or the LTB will refuse the application.
Official sources
- N12 form (PDF, 2026/10)
- N12 Instructions
- L2 Instructions
- Residential Tenancies Act, 2006, ss. 48–51, 55.1, 57, 69, 71.1, 72, 83 and 191
- O. Reg. 240/26: Prescribed Period of Time
- O. Reg. 516/06 (General)
- Interpretation Guideline 12: Eviction for Personal Use
- Interpretation Guideline 10: Procedural Issues Regarding Eviction Applications
- LTB Rules of Procedure
- LTB Operational Update, September 21, 2026