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Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: August 23 2026
Question: What requirements must a landlord follow to issue a valid N12 eviction for own use by the landlord or a family member in Ontario?
Answer: For an N12 own-use eviction in Ontario, the landlord must serve Form N12 with at least 60 days notice, pay one month’s rent compensation when the tenant vacates (keys surrendered), and show a bona fide (good-faith) intention to have the landlord or eligible family member occupy the unit for residential occupation for at least one year under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48. Timing, eligibility, proper notice details, and the compensation all affect whether the eviction can be challenged and delayed, so get it reviewed before you act. Mole Legal Services helps Ontario landlords and paralegals navigate the N12 process and property management steps to reduce errors and protect timelines, call (647) 709-5157 for a free 1/4-hour consultation.
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Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
It is common for a landlord to want to repossess a rental unit for the purpose of replacing the tenant occupancy with occupancy by the landlord, a close family member of the landlord, or for the occupancy by a forthcoming purchaser of the premises and when such circumstances arise, the landlord must truly hold an intention that the substitute occupancy will last for at least one year. This good faith requirement ensures that a landlord is precluded from using the N12 eviction for own use process under a false pretense such as the bad faith intent of causing a tenant to vacate so that a higher rent may be charged to a subsequent tenant.
Note: Please contact Mole Legal Services by phone at: (647) 709-5157 to discuss any specific questions that you may have.
The Law
A landlord holds a right, in certain circumstances, to terminate so to take over occupancy for the own use of the landlord per section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 whereas it is stated:
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
A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants. To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.
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Conclusion
A landlord wishing to occupy a rental unit for the personal residential purposes of the landlord, or certain family members of the landlord, may issue and serve a Form N12 upon the tenant as the proper legal notice of eviction. 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 considerable amount of online searches involving “lawyers in my area” or “top lawyer in” frequently indicate a requirement for prompt and competent legal assistance rather than a particular professional designation. In Ontario, certified paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation scenarios. Advocacy, legal reasoning, and procedural expertise are fundamental to that function. Mole Legal Services provides legal representation within its licensed boundaries, focusing on strategic planning, evidence preparation, and effective advocacy aimed at securing swift and beneficial outcomes for clients.
