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N12 - Landlord's Own Use

The N12 notice is used when the landlord, a purchaser, or a family member needs the rental unit for their own use.

When to use N12​

Use an N12 when:

  • You need to move into the unit
  • Your spouse needs the unit
  • Your child or parent needs the unit
  • A purchaser (or their family) needs the unit

Notice requirements​

RequirementDetails
Notice Period60 days
Termination DateLast day of rental period
CompensationOne month's rent

Who can request the unit​

Landlord's own use (Reason 1)​

The landlord requires the unit for:

  • Themselves
  • Their spouse
  • Their child or parent
  • Their spouse's child or parent

Purchaser's use (Reason 2)​

A purchaser of the property requires the unit for:

  • Themselves
  • Their spouse
  • Their child or parent
  • Their spouse's child or parent

Who is NOT eligible​

The rules engine blocks generation in two cases:

  • Corporate landlords, for own/family use (Reason 1) — since September 1, 2017, a corporation that owns the residential complex cannot serve an N12 under RTA s.48 for landlord's own use. Only an individual (natural person) owner can use this reason.
  • Purchaser's use (Reason 2), for buildings over 3 units — a purchaser can only serve an N12 for their own use if the building has 3 or fewer residential units, or the unit is a condo. Purchaser's-use N12 isn't available for larger multi-unit buildings.

How to generate an N12​

OntarioLandlord uses a 3-step notice wizard:

Step 1: Select property and lease​

  1. Navigate to Notices → Generate Notice
  2. Select the property and lease
  3. Choose N12 — Landlord's Own Use

Step 2: Select reason​

Choose:

  • Reason 1 - Landlord's own use
  • Reason 2 - Purchaser's use

Step 3: Select who needs the unit​

Specify who will occupy:

  • Landlord/Purchaser themselves
  • Spouse
  • Child
  • Parent

Step 4: Set termination date​

Must be:

  • At least 60 days from service
  • Last day of a rental period

Step 5: Acknowledge compensation​

Confirm that one month's rent compensation will be paid.

Step 6: Generate​

Click Generate PDF to create the notice.

Compensation requirements​

Amount​

One month's rent, paid to the tenant by the termination date.

When to pay​

  • Before the termination date
  • Can be paid when serving notice or later
  • Must be paid even if tenant leaves early

How to pay​

  • Cheque
  • Cash
  • E-transfer
  • Rent credit (if tenant still owes)
Required

Compensation is mandatory. Failure to pay can invalidate the N12 or result in penalties.

Good faith requirement​

The N12 must be served in good faith:

  • The person actually intends to move in
  • They plan to occupy for at least 12 months
  • You're not using this to evict and re-rent at higher price

Bad faith consequences​

If the N12 is found to be in bad faith:

  • LTB may dismiss your application
  • Tenant may claim compensation
  • Fines up to $50,000 for individuals

Occupancy requirement​

After the tenant vacates:

  • Named person must move in
  • Must occupy for at least 12 months
  • If re-rented within 12 months, may be considered bad faith

Filing with LTB​

After serving an N12:

  1. File an L2 Application with the LTB
  2. Pay the filing fee
  3. Attend the hearing
  4. Prove good faith and intention to occupy

Common questions​

Can I use N12 for a family member I'm not close to?​

Only parents, children, and spouses qualify. Siblings, aunts, uncles, and cousins do not.

What if the purchaser backs out?​

If the sale doesn't complete, the N12 may no longer be valid. Consult legal advice.

Can I give more than 60 days notice?​

Yes, but not less. More notice may be appreciated by the tenant.

What if tenant doesn't leave?​

File with LTB. You cannot force the tenant out without an LTB order.

Tips​

  1. Document your intention - Keep records of why you need the unit
  2. Pay compensation promptly - Don't delay
  3. Be prepared for hearing - LTB may question your motives
  4. Plan for 12 months - You must occupy for at least a year

After generation​

Once the N12 is generated, you can preview the PDF, e-sign it, email it to the tenant, and generate a Certificate of Service.

Next steps​