The N12 — officially the Notice to End the Tenancy: Landlord, Purchaser or Family Member Requires the Unit — is one of the most powerful tools an Ontario landlord has. It allows you to end a tenancy so that you, a close family member, or a purchaser can move into the unit. But it's also one of the most scrutinized forms at the Landlord and Tenant Board, and the rules tightened significantly under Bill 60 in November 2025.
If you own a rental property in London, St. Thomas, Strathroy, or elsewhere in Ontario and need to reclaim your unit for personal use, this guide covers everything you need to know to do it legally and successfully.
What Is the N12 and When Can You Use It?
The N12 is authorized under Section 48 of the Residential Tenancies Act, 2006 (RTA). It allows a landlord to end a tenancy when the unit is genuinely needed for the landlord, the landlord's spouse, a child, parent, or a caregiver to the landlord or their spouse.
A purchaser can also require an N12 if they are buying the property and intend to occupy it personally — but it is the landlord (seller) who must serve the notice on the purchaser's behalf.
The N12 cannot be used for:
- Renovating or making repairs to the unit (that's an N13)
- Selling the property without a genuine intention to move in
- Forcing out a tenant you simply no longer want
That last point matters enormously. The LTB scrutinizes N12 applications carefully, and if it determines your claim of personal use was pretextual, you face serious consequences — more on that below.
Who Qualifies as a "Family Member" for N12 Purposes?
Under Section 48 of the RTA, the people whose occupancy justifies an N12 are:
- The landlord themselves
- The landlord's spouse (including common-law spouse)
- A child of the landlord or the landlord's spouse
- A parent of the landlord or the landlord's spouse
- A caregiver for the landlord, the landlord's spouse, a child, or a parent
Adult siblings, cousins, and extended family do not qualify. If the person moving in doesn't fit one of the categories above, the N12 is the wrong form — and an LTB adjudicator will dismiss your application.
The 60-Day Notice Requirement
The N12 requires a minimum of 60 days' notice to the tenant. The termination date on the notice must also be the last day of a rental period — for a monthly tenancy, that's the last day of the month.
This means timing is important. If you serve the N12 on May 6 and your rental period runs from the 1st to the last of the month, the earliest valid termination date is July 31 (that's 60+ days, landing on the last day of the rental period). A date of July 15 would be invalid even if it's more than 60 days away.
Compensation: The 60-Day vs. 120-Day Rule (Bill 60 Update)
This is where things changed significantly under Bill 60 (the Fighting Delays, Building Faster Act), which came into force in November 2025.
Old rule (before Bill 60): All landlords serving an N12 were required to pay the tenant one month's compensation equal to one month's rent before or on the termination date.
New rule (after Bill 60): Landlords who give 120 or more days' notice are exempt from paying compensation. Landlords who give fewer than 120 days' notice must still pay one month's rent in compensation.
In practice:
- 60–119 days' notice → you must pay one month's compensation
- 120+ days' notice → compensation is waived
Compensation must be paid on or before the termination date on the notice. If you're paying, you can give it directly to the tenant by cheque, e-transfer, or cash — whatever is documented. You can also offer to waive the last month's rent deposit, which counts as compensation.
Failing to pay required compensation doesn't just weaken your LTB application — it can result in your L2 application being dismissed outright.
For a fuller look at how Bill 60 changed Ontario landlord-tenant law, see our complete Bill 60 guide.
How to Fill Out the N12 Form
The N12 is available through the Tribunals Ontario portal. Here's what you'll complete:
Part 1 — Parties and unit: Full legal names of all tenants on the lease, the rental unit address, and your name and contact information.
Part 2 — Reason for notice: Check the applicable box — landlord's own use, a listed family member, or a purchaser. You must name the person who will be moving in.
Part 3 — Termination date: The date the tenancy will end. Must be at least 60 days away and fall on the last day of a rental period.
Part 4 — Compensation declaration: Indicate whether you're paying compensation (required if notice is less than 120 days) or whether you're claiming the 120-day exemption.
Part 5 — Signature: Sign and date the form. If Prospera Properties manages your property, we sign as your authorized agent.
Double-check every field before serving. A wrong date, missing name, or incorrect compensation section can void the entire notice.
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How to Serve the N12
Service rules for the N12 are the same as other LTB notices. You can serve it:
- In person — hand it directly to the tenant
- By mail — add 5 days to the calculation (mail is deemed served on the 5th day)
- By courier or email — if the tenant has agreed in writing to accept notices electronically
Keep proof of service. If the tenant disputes the notice at the LTB, you'll need to show when and how it was served. A signed acknowledgement, delivery receipt, or email thread are all useful.
If the Tenant Doesn't Leave: Filing an L2 Application
The N12 on its own does not legally end the tenancy. If the tenant remains in the unit after the termination date, you must file an L2 Application (Application to End a Tenancy and Evict a Tenant) at the Landlord and Tenant Board.
You can file the L2:
- On or after the termination date on the N12
- Up to 30 days after the termination date (don't delay)
The L2 filing fee is $201. After filing, the LTB will schedule a hearing — currently averaging 6 to 9 months for N12-related L2 matters, given the ongoing backlog.
At the hearing, you'll need to demonstrate:
- The N12 was properly served with the correct termination date
- Compensation was paid (or that you qualify for the 120-day exemption)
- The person moving in genuinely intends to occupy the unit
For a broader look at how LTB hearings work, see our Landlord and Tenant Board guide.
The Good-Faith Requirement — and the T5 Consequences
Every N12 must be issued in good faith. This means the person named in the notice must genuinely intend to occupy the unit for a reasonable period of time. The LTB can (and does) dismiss N12 applications where the landlord's stated reason appears pretextual.
More significantly, if a landlord issues an N12 in bad faith — for example, the named family member never moves in, or the unit is re-rented within a year at a higher rent — the tenant can file a T5 Application (Tenant's Application — Landlord Gave a Notice of Termination in Bad Faith).
A successful T5 application can result in the landlord being ordered to pay the tenant:
- Up to 12 months' rent as a general penalty
- Moving expenses
- The difference between the old rent and what the tenant now pays elsewhere
This is a real financial risk. If you're genuinely using the unit for personal occupancy, document everything — keep photos of the person moving in, utility transfer records, and any other evidence of actual occupancy.
New LTB Disclosure Requirement (Bill 60)
Under Bill 60, landlords must now disclose at any LTB hearing the number of N12 notices they have served in the past two years across all their properties. This was introduced to identify serial bad-faith evictions.
If you've issued multiple N12 notices in a short period and none of the named family members appear to have actually moved in, expect adjudicators to ask hard questions. The new disclosure rule is worth knowing about before you file — it affects how the LTB evaluates your credibility as a landlord.
What Happens After the Unit Is Vacated
Once the tenant vacates, the person named in the N12 must actually move in. Ontario law does not require them to stay forever, but they should occupy the unit as their primary residence for a reasonable period.
If you need to re-rent the unit within a year of the N12 termination, be cautious. The LTB has found bad faith where landlords re-rented at significantly higher rents shortly after an N12 eviction, even when the family member did initially move in.
For the full eviction process from notice to LTB order, see our step-by-step eviction guide.
Frequently Asked Questions
Can I use the N12 to move a tenant out so I can sell my property?
Not unless the purchaser will personally occupy the unit. If you're selling to an investor who plans to keep renting, the N12 does not apply. Only a purchaser who genuinely intends to live in the unit — and who the selling landlord believes will follow through — qualifies. An N12 issued simply to clear the unit for sale, where no one intends to live there, is bad faith.
Do I always have to pay one month's compensation when serving an N12?
Under Bill 60 (effective November 2025), compensation is only required if you give fewer than 120 days' notice. If your N12 gives the tenant 120 days or more before the termination date, the compensation requirement is waived. For notices with 60–119 days, one month's rent in compensation is still mandatory.
What if the tenant agrees to leave early?
A mutual agreement to terminate the tenancy (N11 form) can be used if both parties agree on an earlier end date. This is often cleaner — no LTB hearing required, and both parties sign the form. The N12 route is for situations where the tenant won't leave voluntarily.
Can my tenant fight the N12?
Yes. A tenant can dispute the N12 at the LTB hearing by arguing the notice was served in bad faith, improperly filled out, incorrectly served, or that compensation wasn't paid. Tenants can also raise issues about the nature of the unit (e.g., claiming they're not covered by the RTA). This is why getting the notice right from the start matters so much.
How long does an N12 eviction take from start to finish?
From the time you serve the N12 to receiving an LTB eviction order, expect 8 to 12 months in most cases — 60 days of notice, then a waiting period to file the L2, then 6 to 9 months for the LTB to schedule and hold the hearing. If the matter is contested, add more time. An uncontested agreement at the hearing can speed things up, but don't count on it.
The N12 is a legitimate tool when used correctly, but it's one of the more legally complex notices in Ontario's landlord-tenant system — especially with Bill 60's recent changes to compensation rules and the new disclosure requirements. If you're considering serving an N12 and want professional guidance through the process, the team at Prospera Properties manages this from notice preparation through LTB representation.
Reach out through our contact page or visit our landlord services page to learn how we support property owners in London, St. Thomas, and Strathroy.