Last Updated: August 22 2026
What must a landlord in Ontario do to evict a tenant using an N12 to reclaim the rental unit for own use?
A landlord using an N12 to evict for own use in Ontario must give the tenant proper written notice with a termination date at least 60 days after the notice is given under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2), and they must also provide compensation equal to one month’s rent or offer another acceptable rental unit under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1 For help preparing and serving the N12 correctly, including ensuring the landlord’s own-use intention is documented and the notice details are accurate, Paladin LLP can assist paralegals serving Ontario landlords and tenants; call (289) 925-1572 to avoid delays and reduce the risk of disputes at the LTB.
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What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?
Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord
A landlord, to reclaim a rental unit for personal use of the landlord or personal use by a close family member of the landlord, must provide a properly completed N12 Form as the method of providing notice of eviction to a tenant. The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust. With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.
Note: Please contact Paladin LLP by phone at: (289) 925-1572 to discuss any specific questions that you may have.
Requirements
Proper Notice
As is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:
48 (2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.
Compensation
Additionally, per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is also required to provide compensation to the tenant in an amount equivalent to one (1) month of the usual rent or offer the tenant another rental unit within the rental complex as suitable to the tenant. Specifically, section 48.1 says:
48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48.
Conclusion
To ensure against legal risks, among other issues, a landlord must provide the proper notice of eviction to the tenant. The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.
NOTE: A considerable number of online searches for “lawyers near me” or “best lawyer in” typically indicate a need for prompt and capable legal support rather than a particular designation. In Ontario, the Law Society that governs lawyers also regulates licensed paralegals, who are permitted to represent clients in specific litigation matters. Key to this role are advocacy, legal analysis, and procedural expertise. Paladin LLP provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and effective advocacy aimed at securing favourable and efficient outcomes for clients.
