Yes No Share to Facebook
Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: June 12 2026
Question: What are the requirements for a landlord to legally serve an N12 notice for own use in Ontario?
Answer: In Ontario, an N12 for landlord’s own use generally requires individual ownership, at least 60 days’ notice ending on a tenancy period or term end, mandatory compensation of one month’s rent (or an approved alternative), and a genuine plan for the landlord or eligible family member to live in the unit for at least one year under Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, s. 48. For clear, practical guidance and document support from Mole Legal Services offering Paralegal and Property Management services across Ontario, call (647) 709-5157 to protect your timeline, reduce LTB delays, and lower the risk of a bad-faith allegation.
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
When a landlord seeks to evict a tenant by using the N12 process so to enable occupancy for the own use purposes of the landlord, or certain close family members of the landlord, the landlord must genuinely possess a good faith intent including an intention to occupy the rental unit for a period of 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.
The Law
A landlord may, subject to compliance with section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, including prescribed notice requirements, among other things, terminate a tenancy so to take over a rental unit for the purpose of occupancy for the own use of the landlord or certain family members of the landlord whereas the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, states:
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.
Learn More About Eviction Via Form N12 Process...
Here are links to four (4) other webpages:
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 online searches for “lawyers near me” or “best lawyer in” typically indicates a pressing requirement for effective and competent legal assistance, rather than a particular job title. In Ontario, certified paralegals operate under the same Law Society that supervises lawyers and are permitted to represent clients in specific litigation scenarios. Essential elements of this role include advocacy, legal assessment, and procedural expertise. Mole Legal Services provides legal representation within its licensed framework, focusing on strategic planning, evidence preparation, and compelling advocacy aimed at attaining efficient and favourable outcomes for clients.