How to Fill Out an N12 in Ontario Without Getting It Dismissed
The N12 is the notice landlords get wrong most often. A defective N12 cannot be amended at the hearing, and a bad-faith claim can cost you tens of thousands of dollars. Here is how to fill it out correctly.
The N12 (Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit) is the form Ontario landlords use to recover a unit for personal or purchaser use. It is also the form with the highest dismissal rate, because small errors are fatal and cannot be corrected on the hearing day.
The stakes go beyond a wasted notice. If the LTB later finds the N12 was given in bad faith, the tenant can be awarded up to $35,000 in compensation, and the landlord can face an administrative fine up to the greater of $35,000 or the local Small Claims Court limit, which is now $50,000 across much of Ontario.
This guide walks through when an N12 applies, what genuine intention means legally, how to fill in each field correctly, the Bill 60 120-day compensation change, the mistakes that get notices dismissed, and what happens after you file.
When the N12 Applies
An N12 is only valid for three categories of use. If your situation is not one of these, the N12 is the wrong form.
Personal use (landlord or family)
The landlord, the landlord's spouse, a child or parent of the landlord or the spouse, or a caregiver for one of those people intends to move in and live in the unit for at least one year. A sibling, niece, nephew, or friend does not qualify.
Purchaser's use
The unit has been sold under an agreement of purchase and sale, and the buyer (or a member of the buyer's family in the categories above) intends to move in. The agreement must be firm, not conditional speculation.
Demolition, conversion, or major renovation
This is usually the wrong form. Demolition, conversion to non-residential use, or repairs extensive enough to require a building permit and a vacant unit are an N13, not an N12. Confirm which applies before you serve anything. See our eviction notices comparison for the full N-form breakdown.
What "Genuine Intention" Means Legally
The legal test for an N12 is not whether you filled the form in correctly. It is whether the named person genuinely intends, in good faith, to occupy the unit for at least one year. The LTB treats this as a question of fact and the landlord carries the burden of proof.
Genuine intention is tested at the hearing. Adjudicators look for corroborating evidence: a sworn declaration from the person moving in, proof they need the unit (a sale of their current home, a relocation, a separation), and the absence of signs the real motive is to remove a tenant, raise the rent, or re-rent at market rate.
Since 2021 the LTB is also directed to consider whether the landlord has previously given other own-use notices, whether the unit was later advertised for rent, and whether the landlord offered the tenant another unit. A pattern of N12s followed by re-rentals is the clearest evidence of bad faith.
Filling In the N12 Field by Field
Landlord and tenant identification
Use the exact legal name of the landlord as it appears on the tenancy agreement. If the owner is a corporation, name the corporation. List every tenant named on the lease. A missing tenant name can void the notice as against that tenant.
Rental unit description
Enter the full address including unit or apartment number, exactly as written in the lease. For a divided house, describe the unit the way the tenancy agreement describes it (for example, basement unit) rather than inventing a new label.
Reason and the person who will move in
Select the correct reason: landlord, family member, purchaser, or caregiver. Name the person who will occupy the unit and state their relationship to the landlord. This must match an eligible category. An ineligible relationship is a defect the LTB cannot fix at the hearing.
Termination date
The date must be at least 60 days after the notice is served and must be the last day of a rental period, or the end of a fixed term, whichever is later. For a month-to-month tenancy paid on the first, that means the last day of a month at least two full months out.
Compensation details
State how compensation will be provided. Standard route: one month of rent, paid or credited before the termination date. Bill 60 route: if your termination date is at least 120 days out and on the last day of a period, no compensation is owed. Pick one and be consistent.
Signature and date
The landlord or an authorized representative signs and dates the notice. If a representative signs, their authority should be documented because the tenant can challenge it.
Bill 60 change (Royal Assent November 2025)
120-day notice now waives the compensation
Before Bill 60, every N12 carried a flat compensation rule: one month of rent paid or credited before the termination date, no matter how much notice you gave.
Under Bill 60, if the termination date is at least 120 days after the notice is served, and it still falls on the last day of a rental period or the end of a fixed term, the landlord does not owe the one month of compensation. Plan ahead and you save a month of rent.
The waiver is financial only. It does not relax any other requirement. Genuine intention, correct identification, and proper service all still apply. Confirm the provision is in force for your termination date, since some Bill 60 changes are phased in by proclamation. Our Bill 60 guide tracks the in-force dates.
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Get early accessMistakes That Get an N12 Dismissed
Remember the core rule: a dismissed N12 cannot be amended. Each of these is a reason to start over with a new notice and a new clock.
Wrong legal name on the notice
The N12 must name the landlord as defined in the lease and the Residential Tenancies Act. If the property is held in a numbered company but the notice names the individual director, or if a spouse is named instead of the registered owner, the notice can be found defective. The person who intends to move in must also be correctly identified by their relationship to the landlord.
Wrong or vague unit description
The rental unit on the N12 must match the lease exactly: unit number, address, and any descriptor used in the tenancy agreement. A basement unit described as the main floor, or a missing unit number in a multi-unit building, gives the tenant a clean argument that the notice is invalid.
Termination date that is not the last day of the period
The termination date must be at least 60 days after service and must fall on the last day of a rental period (or the end of a fixed term). Picking a mid-month date because that is when the buyer wants possession is one of the most common fatal errors.
Compensation not paid or addressed before the termination date
Unless you use the Bill 60 120-day route (explained below), one month of rent compensation must be paid or credited before the termination date. Filing an L2 without having satisfied the compensation requirement is a frequent reason applications fail.
Wrong relationship for the person moving in
An N12 for personal use only covers the landlord, the landlord's spouse, a child or parent of the landlord or spouse, or a caregiver for one of those people. A sibling, a cousin, or a friend does not qualify. Naming an ineligible person is not something the LTB can amend at a hearing.
Treating a defect as fixable at the hearing
This is the core risk. A dismissed N12 cannot be amended. If the notice is defective, you do not get to correct it on the hearing day. You withdraw or lose, then start over with a new notice and a new 60-day clock, while the tenant remains in possession.
The Bad-Faith Risk: T5, Penalties, and Investigations
If a tenant believes the N12 was not genuine, they can file a Form T5 (Landlord gave a Notice of Termination in Bad Faith). The T5 can be filed within one year after the tenant moves out, even after they have already left.
The LTB can order the landlord to pay the former tenant up to $35,000 in compensation: the difference in rent for up to a year, moving and storage costs, and general damages. On top of that, the board can impose an administrative fine up to the greater of $35,000 or the local Small Claims Court limit, which is now $50,000 across much of Ontario.
Genuine-intention scrutiny usually focuses on what happened after the tenant left. Was the unit advertised for rent? Was it re-rented at a higher price? Did the named person actually move in and stay? Did the landlord serve other own-use notices around the same time? Keep evidence that the person moved in and lived there: utility accounts, identification, and a record of the move.
The pattern that triggers findings
An N12 served, the tenant leaves, the unit is listed for rent within weeks at a higher price, and the named occupant never moved in. That sequence is the single most common basis for a bad-faith order. If plans change after you serve, document why.
Calculating the Compensation
Standard route: the compensation equals one month of the rent payable under the tenancy. It must be paid or credited to the tenant before the termination date stated on the N12, not after the hearing and not as a promise.
Bill 60 route: if the termination date is at least 120 days after service and lands on the last day of a rental period or the end of a fixed term, no compensation is owed. The trade-off is a longer timeline in exchange for keeping one month of rent.
Decide which route you want before you fill in the form, because the termination date and the compensation section have to agree with each other.
Serving the N12 Correctly
Service method matters as much as the form. Permitted methods include handing it to the tenant, giving it to an adult in the unit, placing it in the mailbox or mail slot, sliding it under the door, courier, fax, or regular mail. You cannot serve an N12 by text message, and you cannot serve by email unless the tenant has given written consent on the LTB consent form or the board has ordered it.
Taping the notice to the door is not valid service. If you serve by mail, the law adds extra days for deemed receipt, which pushes your earliest valid termination date out further. Build that buffer in.
Complete a Certificate of Service recording how and when the notice was served. You file this with the L2 application, and the LTB relies on it to confirm the notice period was satisfied.
After You File: L2 and the Hearing
If the tenant does not leave by the termination date, you apply to the LTB using Form L2 (Application to End a Tenancy and Evict a Tenant). File the L2 no later than 30 days after the termination date on the N12. Miss that window and the notice expires.
Prepare for the hearing as if you carry the burden of proof, because you do. Bring the signed declaration from the person moving in, evidence of why they need the unit, the Certificate of Service, and proof the compensation was paid or that the 120-day route applied.
For the full process and realistic timelines, see our LTB eviction timeline guide. The board is backlogged, so a clean, correctly served N12 is the single biggest lever you control.
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Join the waitlistStatutory references
Sections of Ontario law this guide is grounded in. Read the source text before acting on a specific situation.
- RTA s.48— N12 — termination for landlord's or family member's own use
- RTA s.49— N12 — termination for purchaser's own use
- RTA s.55.1— Compensation when serving N12 (one month's rent)
- RTA s.57— Former tenant's T5 application for bad-faith N12
About this guide
Written and maintained by the ScreenTenants.ca editorial team and reviewed against Ontario's Residential Tenancies Act, 2006 and the Landlord and Tenant Board's published rules. Last reviewed June 2026.
This is general information for Ontario landlords, not legal advice. Rules change and individual situations vary — confirm details with the LTB or a licensed paralegal or lawyer before acting on a specific matter.
See our editorial policy for sources, review cadence, and corrections.