Skip to main content

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

How to Generate an N12​

Step 1: Go to Notices​

  1. Click Notices in the sidebar
  2. Click Generate Notice
  3. Select the lease
  4. Click 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

Next Steps​