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Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: August 22 2026
Question: What are the key good faith and timing requirements for an Ontario landlord’s N12 eviction for own use?
Answer: In Ontario, an N12 eviction for own use under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48 requires the landlord to genuinely need the unit for residential occupation for at least one year (good faith), and to serve proper notice: the termination date must be at least 60 days after the notice is given, and the landlord must pay compensation equal to one month of rent (typically when the tenant vacates and keys are provided). If you need help assessing whether an N12 was issued in line with the requirements, Lippa Legal Services can help you understand next steps in Vaughan, Toronto, and across Ontario by paralegal support; call (416) 241-4529 to discuss your situation.
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Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
Landlords often seek to reclaim a rental unit to replace tenant occupancy with an occupancy by the landlord, a close relative of the landlord, or a buyer of the property. In such cases, the landlord must genuinely intend for the new occupancy to continue for at least one year. The law requires landlords to demonstrate a bona fide intention for the new occupant to remain within the rental unit for a minimum of one year. This obligation ensures that landlords refrain from claiming a desire to take back the rental unit without a true intention to reside in the rental unit whereas such might otherwise serve as a pretext for evicting the current tenant in favour of a new tenant willing to pay a higher rent.
The Law
A landlord holds a right, in certain circumstances, to terminate so to take over occupancy for the own use of the landlord per section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 whereas it is stated:
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
A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants. To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.
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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 such as “lawyers near me” or “best lawyer in” typically indicates a desire for prompt and proficient legal support rather than a specific designation. In Ontario, “licensed paralegals” fall under the regulation of the same Law Society that governs lawyers and are authorised to represent clients in certain litigation situations. Core to this role are advocacy, legal analysis, and procedural expertise. Lippa Legal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.