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Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: June 11 2026
Question: What are the legal requirements for an Ontario landlord to evict a tenant using an N12 notice for the landlord’s own use?
Answer: In Ontario, an N12 “own use” eviction must follow Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, section 48, including a genuine good-faith plan for the landlord or eligible family member to live in the unit for at least one year, proper service with at least 60 days’ notice ending on a tenancy period or term end, and paying the required compensation (typically one month’s rent). Paladin LLP is a Paralegal service helping landlords and tenants across Ontario review N12 validity, timelines, compensation, and LTB steps to reduce delays and risk, so call (289) 925-1572 to get clear next steps fast.
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
It sometimes occurs, and quite common recently that a landlord desires the take back a rental unit to allow either the landlord, a close family member of the landlord, or an buyer who will soon acquire the property, to move into the rental unit. When such a situation arises, the landlord must truly believe and expect that the occupant that is replacing the tenant will reside within the rental unit for one year or more. Legally, landlords are bound to act with sincerity with a genuine intention that the substitute occupancy, whether by the landlord, by a close family member of the landlord, or by a purchaser of the property, will occur for at least one one year. This legal stipulation ensures that landlords refrain from falsely declaring a need to reclaim the rental unit and potentially using such as falsity as a means to remove existing tenant and to obtain substitute tenant at an increased rent.
The Law
The right to terminate the tenancy, when in good faith, for own use purposes is provided within section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 wherein it is said:
48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,
(a) the landlord;
(b) the landlord’s spouse;
(c) a child or parent of the landlord or the landlord’s spouse; or
(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.
(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.
(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord’s notice.
(4) The date for termination specified in the tenant’s notice shall be at least 10 days after the date the tenant’s notice is given.
(5) This section does not authorize a landlord to give a notice of termination of a tenancy with respect to a rental unit unless,
(a) the rental unit is owned in whole or in part by an individual; and
(b) the landlord is an individual.
Challenges
Failure to follow the proper N12 eviction process can lead to legal issues, delays, and strife. The N12 process should be shown great care with adherence to the applicable requirements such as proper notice, mandatory compensation, good faith intentions, among other issues.
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Conclusion
When a landlord wishes to occupy a rental unit for residential purposes of the landlord, or certain family members of the landlord, the landlord may issue, and serve, a Form N12 upon the tenant as the formal notice to evict for the own use by the landlord. The Form N12 must provide at least sixty (60) days notice to vacate the rental unit. Additionally, the landlord must provide the tenant with compensation equal to one (1) month of rent. It is prudent that the landlord will provide the compensation when the tenant vacates and provides keys to the landlord.
NOTE: A significant quantity of inquiries featuring “lawyers near me” or “best lawyer in” typically signifies a demand for prompt and proficient legal assistance instead of a particular job title. In Ontario, duly licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation matters. Advocacy, legal interpretation, and procedural expertise are fundamental aspects of this role. Paladin LLP provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing effective and advantageous outcomes for clients.