N12 Form Ontario: Download, Instructions and Compensation Rules

What Is the N12 Form?

The N12 is officially called "Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit." It is used under section 48 of the Residential Tenancies Act, 2006 (RTA) when a landlord needs to recover a rental unit for personal occupation.

This form cannot be used as a strategy to remove a tenant and re-rent at a higher price. The intended occupant must genuinely intend to live in the unit for at least one year. Bad faith N12 applications carry significant penalties.

Who Can the N12 Be Used For?

You can serve an N12 if the unit is required for occupation by:

• You (the landlord)
• Your spouse
• Your child or parent
• A person who provides or will provide care services to you, your spouse, your child, or your parent
• A purchaser of the property (if the purchase agreement is in place)

You cannot use the N12 for siblings, cousins, friends, or business partners. The list of qualifying persons is strict and defined by the RTA.

Notice Period Requirements

The N12 requires at least 60 days notice before the termination date. The termination date must align with the end of a rental period (the last day of a rental period). For monthly tenancies, this means the last day of a month.

Example: If you want the tenancy to end on June 30, 2026, you must serve the N12 no later than May 1, 2026 (at least 60 days before June 30).

Compensation: One Month's Rent

Under section 48.1 of the RTA, the landlord must compensate the tenant with an amount equal to one month's rent. This compensation must be paid before the termination date specified in the N12.

You can provide compensation by:

• Paying the tenant directly (cheque, e-transfer, or cash with a receipt)
• Crediting the last month's rent so the tenant does not have to pay for the final month

Failure to pay the required compensation by the termination date is grounds for the LTB to dismiss your application. Do not overlook this requirement.

How to Fill Out the N12

Part 1: Addresses and Names

Enter the full address of the rental unit and the names of all tenants on the lease. Also enter your name and address as the landlord.

Part 2: Reason for the Notice

Check the box that identifies who will be moving into the unit (landlord, spouse, child, parent, caregiver, or purchaser). Provide the name of the person who will occupy the unit.

Part 3: Termination Date

Enter the termination date, which must be at least 60 days after service and must fall on the last day of a rental period.

Part 4: Compensation

Indicate how you will provide the one month's rent compensation.

Part 5: Signature

Sign and date the form.

What Happens After You Serve the N12

If the Tenant Agrees to Leave

The tenant can agree to vacate by the termination date. It is advisable to get this agreement in writing. The tenant may also negotiate an earlier move-out date or additional compensation.

If the Tenant Does Not Leave

If the tenant does not vacate by the termination date, you must file an L2 application with the LTB. The Board will schedule a hearing where both parties present their case. You will need to demonstrate that the intended occupant genuinely intends to live in the unit.

Tenant's Right of First Refusal

Under section 48.1, the tenant has a right of first refusal. If the unit becomes available for rent again within one year of the tenant vacating, you must offer it back to the former tenant before renting to anyone else.

Bad Faith N12 Applications

If a landlord serves an N12 in bad faith, meaning the intended occupant never actually moves in or moves out shortly after, the former tenant can file a T5 application with the LTB. Penalties for bad faith N12 applications can include:

• A fine of up to $50,000 for an individual landlord
• A fine of up to $250,000 for a corporation
• An order to compensate the tenant for costs incurred, including moving expenses and the difference in rent at a new unit

The LTB takes bad faith applications seriously. Only serve an N12 if the intended occupant genuinely plans to live in the unit for at least 12 months.

N12 for Purchasers

If you are selling the property and the purchaser requires the unit for their own use, you can serve an N12 on behalf of the purchaser. The same rules apply: 60 days notice, compensation of one month's rent, and the termination date must fall on the last day of a rental period.

The purchase agreement must be in place at the time you serve the notice. You cannot serve a speculative N12 before a sale is confirmed.

Common Mistakes

• Termination date does not fall on the last day of a rental period
• Less than 60 days notice given
• Compensation not paid before the termination date
• N12 served for a person not listed in the RTA as qualifying
• No genuine intent for the named person to occupy the unit
• Serving an N12 and then re-listing the unit for rent at a higher price

Where to Download the N12

The N12 form is available for free download from the Ontario Landlord and Tenant Board (Tribunals Ontario) website. Always download the most current version to ensure you are using the correct form. For a complete overview of all LTB forms, see our guide to every Ontario LTB form.

Key Takeaways

• The N12 requires at least 60 days notice with a termination date on the last day of a rental period
• You must pay the tenant one month's rent in compensation before the termination date
• Only specific family members and purchasers qualify under the RTA
• Bad faith N12 applications carry fines up to $50,000 for individuals
• The intended occupant must genuinely plan to live in the unit for at least one year