Serving an N12 in Ontario: 12 Practical Tips Landlords Can’t Afford to Miss

What is a Form N12?

Form N12 (“Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit”) is the first step in an eviction where the landlord or certain family members (or a caregiver) need the unit for at least one year. If the tenant doesn’t move out, you must file an L2 application and prove good faith at a hearing. Receiving an N12 does not automatically evict a tenant.

Who can use an N12 (and who can’t)

• Landlord’s own use (s.48): Available only if the landlord is an individual owner (not a corporation) and the intended occupant is the landlord, their spouse, their child or parent (or their spouse’s), or a caregiver who will live in the unit for at least a year.

  
  

• Purchaser’s own use (s.49): A landlord may serve N12 on behalf of a purchaser if there is an executed agreement of purchase and sale and the property is a condo or a residential complex with 3 or fewer units. The purchaser (or their specified family member) must genuinely intend to move in for at least one year.

  
  

Tip 1: Get the termination date right

Your N12’s termination date must be at least 60 days after service and be the last day of the fixed term, or if month-to-month, the last day of a rental period. A wrong date is a defective notice the LTB cannot use to terminate.

Tip 2: Pay the compensation on time—and properly

You must compensate the tenant one month’s rent (or offer another acceptable unit) by the termination date. If you don’t, the LTB will not issue an eviction order and may dismiss your L2. The duty to pay belongs to the landlord who served the N12, not the purchaser.

How to pay:

• Cheque or e-transfer is fine.

• Rent deduction / waiver can satisfy s.48.1 if you clearly and unequivocally tell the tenant in writing before the termination date that one full month’s rent is being waived or set off as the N12 compensation. Keep proof.

Tip 3: File the L2—and don’t miss the deadline

You can file the L2 right after you serve the N12. If you wait and then miss the 30-day window after the termination date, your application will be dismissed and you’ll have to start over.

Tip 4: Serve it properly and prove service

Follow LTB Rule 3 for service methods. Email service requires written consent (use the LTB “Consent to Service by Email” form) or a Board order. Always file a Certificate of Service with your L2.

Tip 5: Include the required affidavit

With your L2 you must file an affidavit sworn by the intended occupant confirming they require the unit for personal occupation for at least one year. The LTB won’t accept the application without it.

Tip 6: Disclose any previous N12/N13 notices

Your L2 must list every N12/N13 you’ve served in the past two years (even for other units). Failing to provide this information can sink the application.

Tip 7: Understand “good faith”

You must prove a genuine, honest intention to occupy—not a pretext to raise rent. Economic reasons can exist, but the core is sincerity. The Board will examine your conduct and history (e.g., prior N12s where no one moved in).

Tip 8: Purchaser’s own use—special cautions

Serve N12 for a purchaser only after an APS is signed and only for a condo or ≤3-unit complex. The purchaser must swear the occupation affidavit and you (the current landlord) must still pay the compensation by the termination date.

Tip 9: Tenants can end earlier—and you should plan for that

After getting an N12, a tenant may end the tenancy early with 10 days’ written notice (N9). Build that into your timing.

Tip 10: LTB can still refuse or delay an eviction

Even with a perfect N12/L2 and proof of good faith, the Board has discretion under s.83 to refuse or delay an eviction after weighing all circumstances. Prepare for that possibility.

Tip 11: Know the penalties for bad faith

If you (or a purchaser) don’t move in within a reasonable time or don’t live there for at least one year, the tenant can file a T5 within 1 year of moving out. Remedies include:

• Rent-difference for up to 12 months,

• Moving/storage costs,

• General compensation up to 12 months’ rent, and

• Administrative fines payable to the LTB.On top of that, the province can prosecute offences: up to $50,000 (individuals) and $250,000 (corporations).

  
  

Tip 12: Keep a clean paper trail

Before you serve: confirm ownership status (individual vs. corporate), ensure APS exists (purchaser’s use), pick a correct termination date, line up the affidavit, decide your compensation method, and pre-draft your service proof. After you serve: file L2 promptly, pay/waive compensation by the termination date, and keep everything in one evidence brief.

Final word

N12s are won or lost on details: dates, affidavits, compensation timing, service, and credible evidence of good faith. If you’re unsure, get tailored legal advice before you serve—fixing an error after the fact is often impossible.

This post provides general information, not legal advice. For advice about your situation, contact our office.