General information about Ontario law as of the date above, not legal advice. The law and the Board's forms change; check the sources at the end of the page.
An N12 ends a tenancy because you, a close family member or a caregiver will move into the unit, or because you have sold the property and the buyer or their family will. The termination date must be at least 60 days after you give the notice and on the last day of a rental period or fixed term, and you usually owe the tenant one month’s rent. Since 21 September 2026, an N12 for your own use needs no compensation if you give at least 120 days. This page is general information about the law as of 15 October 2026, not legal advice.
Own use or a buyer: what is the difference?
The N12 has two reasons. Reason 1 is your own use. Reason 2 is a buyer’s use, and the seller gives it.
| Reason 1: your own use | Reason 2: a buyer | |
|---|---|---|
| Who gives it | You, the landlord | You, the seller, on the buyer’s behalf |
| Who can move in | You, your spouse, a child or parent of either of you, or a caregiver | The buyer, the buyer’s spouse, a child or parent of either, or a caregiver |
| Conditions | You, and at least one owner, must be individuals | A signed agreement of purchase and sale, and three or fewer residential units or a condominium unit |
| Length of stay | At least one year | The Act states no period |
| Compensation | One month’s rent, or none with 120 days’ notice | One month’s rent, always, paid by the seller |
| Presumed bad faith if no one moves in within 60 days | Yes | No |
Who can you name on an N12?
You can name only the people the Act lists. For your own use, that is you, your spouse, your child or parent, your spouse’s child or parent, or a person who provides or will provide care to one of them. A caregiver qualifies only if the person cared for lives, or will live, in the building or related group of buildings where the unit is.
The Board’s guideline says a sibling, grandchild, aunt, uncle or cousin does not qualify. You need to name only one intended occupant, even if others will move in too.
When can you give an N12 for a buyer?
You can give a purchaser N12 once you have signed an agreement of purchase and sale. The building must have three or fewer residential units, unless the unit is a condominium unit. You give the notice as landlord, on the buyer’s behalf.
The Board may refuse or delay your application if a condition in the agreement makes it uncertain that the sale will close. Its guideline says to give a copy of the agreement to the tenant and the Board at least 7 days before the hearing. See for realtors for showings, closing dates and agreements to end the tenancy.
Does the person have to live there for a year?
For your own use, yes. You must in good faith require the unit for that person to live in for at least one year, and the person’s declaration says so.
For a buyer, the Act states no period. The buyer must still genuinely intend for a listed person to move in, and the person’s declaration says they require the unit for their own use in good faith.
What termination date goes on an N12?
The date must be at least 60 days after the notice is given. It must also be the last day of a rental period, which is usually the day before rent is due, or the last day of a fixed term.
- Counting. Do not count the day you give the notice.
- Mail. A mailed notice counts as given on the fifth day after mailing. The Board says to add one business day for courier.
- Delivery. You can hand it to the tenant or an adult in the unit, or use the mailbox, the mail slot, mail or courier, among other methods. You cannot post it on the door.
- Wrong dates. A notice with a wrong date cannot be corrected after you give it, and the Board cannot extend a notice period. You would have to start again.
After getting your N12, the tenant can end the tenancy sooner by giving you at least 10 days’ written notice.
Do you have to pay the tenant compensation?
Usually, yes. You pay one month’s rent, or offer another unit the tenant accepts, no later than the termination date.
An N12 for your own use needs no compensation if all three of these are true:
- You gave the notice on or after 21 September 2026.
- The termination date is at least 120 days after you gave it.
- The termination date is the last day of a rental period or fixed term.
A purchaser N12 always needs compensation, however much notice you give. The seller pays it, not the buyer.
The Board will not issue an eviction order until compensation is paid. If it is still unpaid when the termination date has passed, the Board’s guideline says the application will be dismissed unless there are exceptional circumstances. If the Board refuses your application after you paid, it can order the tenant to pay the compensation back.
Example: 60 days with compensation, or 120 days without
Take a monthly tenancy with rent due on the 1st, and an N12 for your own use.
| How you give it | With compensation (60 days) | Without compensation (120 days) |
|---|---|---|
| Handed to the tenant on 30 November 2026 | 31 January 2027 | 31 March 2027 |
| Mailed on 30 November 2026 (counts as given on 5 December) | 28 February 2027 | 30 April 2027 |
Handed over, 60 days runs to 29 January 2027, so the earliest period end is 31 January. With 120 days, it runs to 30 March, so the date is 31 March. The choice is two months’ later termination against one month’s rent. For a purchaser N12, only the first column applies, and compensation is owed.
Which N12 form do you use?
Use the current N12 from the Board’s website. The Board updated it on 21 September 2026 and says it will not accept previous versions from 30 November 2026. The form’s full title is Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit.
The N12 instructions list cases where it cannot be used, such as some condominium conversions, severances and equity co-operatives.
What happens if the tenant does not move out?
Your tenant does not have to move out because of the notice. You apply to the Board on Form L2, and the Board decides after a hearing. You can apply as soon as you give the notice, and no later than 30 days after the termination date.
The L2 must come with:
- a copy of the N12 and a Certificate of Service;
- Schedule B, where you say whether you paid compensation and list every N12 or N13 you gave in the past two years, for any unit. The Board must refuse the application if that list is missing;
- a declaration from the person moving in, or a sworn affidavit. The Board must refuse the application without it.
At the hearing, you must show that the notice was given in good faith. The Board can look at your earlier N12 and N13 notices. If the Board orders an eviction, only the Sheriff can enforce it. You cannot remove the tenant or change the locks yourself. See getting the unit back.
What happens if no one moves in after the tenant leaves?
The former tenant can apply to the Board within one year after moving out, saying the notice was given in bad faith.
For an N12 for your own use, bad faith is presumed if none of the listed people moved in within 60 days after the termination date, or within 60 days after the tenant left if that was later. This applies to applications made on or after 21 September 2026. It is also presumed if, from the notice until one year after the tenant leaves, you advertise the unit for rent or sale, rent it to someone else, demolish it or take steps to convert it. You can prove good faith on a balance of probabilities.
These presumptions do not apply to a purchaser N12. The former tenant can still apply if none of the listed people moved in, and the Board can order the buyer, the seller or both to pay.
The Board can order, among other things:
- the tenant’s higher rent for one year after moving out;
- general compensation of up to 12 months’ rent;
- moving, storage and similar costs;
- a rent abatement;
- an administrative fine.
Knowingly getting possession through a bad-faith notice is also an offence, with fines of up to $100,000 for an individual and $500,000 for a corporation. For the other 2026 changes, see Bill 60: what changed for Ontario landlords in 2026.