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You need the unit back

You, a family member or a buyer needs to live in the rental unit, or it must be empty for demolition, major repairs or a change of use. Ending a tenancy for these reasons has its own notices, notice periods and compensation rules.

N12 · N13 · L2

What we do

  1. Confirm the ground fits

    We check who will move in or what work is planned, who owns the unit and the building's size.

  2. Set the date and compensation

    We set a termination date that meets the notice period, and confirm what compensation is owed.

  3. Prepare and serve the notice

    We prepare the N12 or N13, serve it by a permitted method and record service.

  4. File the L2

    We file the L2 with the notice, proof of service, the declaration and the list of earlier notices.

  5. Prepare for the hearing

    We gather evidence of good faith, permits and payment, and represent you at the hearing.

The forms involved

How the timing works

  1. Notice givenDay 0. Not counted.
  2. L2 can be filedRight after the notice is given.
  3. N12 termination dateAt least 60 days; 120 for no own-use compensation.
  4. N13 termination dateAt least 120 days after the notice.
  5. Compensation dueNo later than the termination date.
  6. Last day to file30 days after the termination date.

How the process runs

An N12 is used when you, your spouse, a child or parent of either of you, or a caregiver for one of you will live in the unit for at least one year. You and at least one owner must be individuals. A seller with a signed agreement of purchase and sale can also give one for a buyer, or the buyer’s family or caregiver, if the building has three or fewer residential units or the unit is a condominium unit.

An N12 needs at least 60 days’ notice. An N13, for demolition, a non-residential use, or repairs that need a building permit and vacant possession, needs at least 120 days. Either termination date must be the last day of a rental period or fixed term.

Compensation is due by the termination date. For an N12 it is one month’s rent. For an N13 it is three months’ rent if the building has five or more units, or one month’s rent if fewer. You can instead offer another unit the tenant accepts. Less may be owed if a renovation tenant moves back, and none if the demolition or repair was ordered under an Act. No compensation is owed on an own-use N12 given on or after September 21, 2026 that allows at least 120 days.

You can file the L2 as soon as the notice is given, and no later than 30 days after the termination date. For an N12, the person moving in signs a declaration or affidavit that they need the unit in good faith.

Where applications go wrong

  • The date is wrong. It is too early or not the last day of a period. Mail adds five days and courier one business day. The Board cannot extend notice periods.
  • The notice is posted on the door. That is not a permitted way to give it.
  • Compensation is late. No eviction order issues until it is paid. If it is unpaid after the termination date, the application is normally dismissed.
  • The declaration is missing. The Board must refuse an N12-based L2 filed without it.
  • Earlier notices are left out. The L2 must list every N12 or N13 you gave in the past two years, for any unit, or the Board must refuse it.
  • N13 permits are missing. The Board needs the permits. If they cannot issue until the unit is empty, it needs proof you took “all reasonable steps” to get them.

After the tenant moves out

For an own-use N12, bad faith is presumed if none of the people the Act lists has moved in within 60 days after the termination date, or after the tenant left if that was later. Advertising the unit for rent or sale, or re-renting it, from the notice until a year after the tenant leaves has the same effect. A former tenant has one year to apply. The Board can order general compensation of up to 12 months’ rent, moving costs, the tenant’s higher rent for a year and a fine. Getting possession through a bad-faith notice is also an offence, with fines up to $100,000 for an individual and $500,000 for a corporation.

After renovations, a tenant who asked in writing before leaving can move back, at a rent no higher than you could have lawfully charged had they stayed. You must give written updates on the ready date and at least 60 days to return.

Fees

The steps below are each priced on their own. Board filing fees are separate and are paid to the Board.

  • Notice drafted and served

    One notice, prepared, checked and served on the tenant.

  • Board application

    Application filed with the Board, with evidence collected and submitted.

  • Hearing representation

    Preparation and representation at the Board or Divisional Court.

No two matters are alike, so we price yours once we know the facts. You will know the fee before any work starts.

Screening call: 15 minutes, complimentary. Full consultation: 45 minutes, $150 incl. HST.

Book the complimentary call

Questions

Do I have to pay my tenant compensation?

Usually, yes. An N12 needs one month’s rent. An N13 needs one or three months’ rent, depending on the size of the building. You can instead offer another unit the tenant accepts. Payment is due by the termination date. An own-use N12 given on or after September 21, 2026 needs no compensation if the termination date is at least 120 days after the notice is given. A purchaser N12 always needs it. If the Board refuses your application, it can order the tenant to pay the compensation back.

What happens if nobody moves in after the tenant leaves?

The former tenant can apply to the Board within one year of moving out, saying the notice was given in bad faith. For an own-use N12, bad faith is presumed if no one the Act lists has moved in within 60 days after the termination date, or after the tenant left if that was later. You can bring evidence to prove otherwise. The Board can order general compensation of up to 12 months’ rent, the tenant’s higher rent for a year, moving and storage costs, and a fine.

Can my tenant move back in after the renovation?

Yes, if your N13 is for repairs or renovations and the tenant tells you in writing, before moving out, that they want to return. The rent can be no more than you could lawfully have charged had the tenancy continued. You must tell the tenant in writing the estimated ready date, any change to it and when the unit is ready, and allow at least 60 days to return. The tenant must tell you in writing of any change of address. There is no right to return after a demolition.

Sources (34)

Legal statements on this page come from Ontario's laws and regulations, the Landlord and Tenant Board's own forms, instructions and rules, and the other official sources listed below.

  1. N12 for own use: landlord in good faith requires the unit for residential occupation for at least one year by the landlord, spouse, a child or parent of either, or a caregiver (RTA s. 48(1)). Ontario e-Laws
  2. Own-use N12 only if the unit is owned in whole or in part by an individual and the landlord is an individual (RTA s. 48(5)). Ontario e-Laws
  3. Purchaser N12: complex of no more than three residential units, or a condominium unit, with an agreement of purchase and sale (RTA s. 49(1), (2)). Ontario e-Laws
  4. N12 termination date at least 60 days after notice and on the day a period ends or the end of a fixed term (RTA ss. 48(2), 49(3)). Ontario e-Laws
  5. N13 grounds: demolish, convert to non-residential use, or repairs so extensive they require a building permit and vacant possession; termination date at least 120 days and at the end of a period or term (RTA s. 50(1), (2)). Ontario e-Laws
  6. Own-use N12 compensation is one month's rent or another acceptable unit, except where notice given on or after September 21, 2026 gives at least 120 days and ends on the last day of a period or term (RTA s. 48.1, in force 21/09/2026). Ontario e-Laws
  7. Purchaser N12: one month's rent or another acceptable unit, owed by the landlord who gives the notice, not the purchaser (RTA s. 49.1). Ontario e-Laws
  8. N13 demolition or conversion: three months' rent (five or more units) or one month's rent (fewer than five), or another acceptable unit; none if demolition ordered under another Act (RTA s. 52). Ontario e-Laws
  9. N13 repairs or renovations: three months' or one month's rent by building size, or the lesser of that and the rent for the repair period if the tenant gives notice to return; none if the work was ordered under an Act (RTA s. 54). Ontario e-Laws
  10. Compensation must be paid no later than the termination date in the notice (RTA s. 55.1). Ontario e-Laws
  11. Landlord may apply immediately after serving the notice (RTA s. 71). Ontario e-Laws
  12. Application no later than 30 days after the termination date in the notice (RTA s. 69(2)). Ontario e-Laws
  13. L2 based on an N12 must be filed with the affidavit required by s. 72(1); the Board shall refuse to accept it otherwise (RTA s. 71.1(1), (2)). Ontario e-Laws
  14. Affidavit of the person who personally requires the unit, in good faith, for their own personal use (for at least one year under s. 48) (RTA s. 72(1)). Ontario e-Laws
  15. Rules may authorize an unsworn document in place of a required affidavit (RTA s. 192.1). Ontario e-Laws
  16. LTB accepts a signed and dated declaration in place of an affidavit (LTB Rules of Procedure, Rule 1.5). Tribunals Ontario
  17. L2 Schedule B: declaration signed by the person moving in must be submitted with the application; a sworn affidavit may be filed instead (L2 instructions). Tribunals Ontario
  18. L2 based on an N12 or N13 must state every s. 48, 49 or 50 notice given in the two years before filing, for any unit; the Board shall refuse to accept it otherwise (RTA s. 71.1(3), (4)). Ontario e-Laws
  19. No eviction order until the landlord has complied with the compensation sections (RTA s. 83(4)). Ontario e-Laws
  20. If compensation was not paid and the termination date has passed, the L2 will be dismissed unless exceptional circumstances exist (LTB Interpretation Guideline 12, Compensation Issues for all N12 and N13 Notices). Tribunals Ontario
  21. Purchaser N12 requires an agreement of purchase and sale and covers the purchaser, spouse, a child or parent of either, or a caregiver (RTA s. 49(1), (2)). Ontario e-Laws
  22. N13: no eviction order unless the landlord intends in good faith to do the work and has obtained the necessary permits, or taken all steps to get them where they cannot be issued until the unit is vacant (RTA s. 73(1)). Ontario e-Laws
  23. Do not count the day the notice is given; add five days for mail and one business day for courier (N12 instructions, Section C). Tribunals Ontario
  24. A notice given by mail is deemed given on the fifth day after mailing (RTA s. 191(3)). Ontario e-Laws
  25. The Board may not extend or shorten time requirements related to notices of termination (O. Reg. 516/06, s. 56, para. 1). Ontario e-Laws
  26. An N12 or N13 cannot be given by posting it on the door of the rental unit (N12 and N13 instructions, Section D). Tribunals Ontario
  27. Former tenant may apply where an N12 or N13 was given in bad faith, within one year of vacating; orders include increased rent for one year, general compensation up to 12 months' rent, moving and storage costs, abatement and an administrative fine (RTA s. 57(1)-(3)). Ontario e-Laws
  28. Own-use N12: bad faith presumed if the landlord advertises the unit for rent or sale, re-rents it, demolishes or converts it between the notice and one year after the tenant vacates (RTA s. 57(5), (6)). Ontario e-Laws
  29. Own-use N12: bad faith presumed if no listed person occupies the unit within the prescribed period (RTA s. 57(6.1), (7)). Ontario e-Laws
  30. Prescribed period is 60 days after the termination date, or 60 days after the tenant vacates if later (O. Reg. 240/26, s. 1). Ontario e-Laws
  31. Obtaining possession improperly by giving a notice in bad faith is an offence (RTA s. 233(k)). Ontario e-Laws
  32. Maximum fines: $100,000 for an individual and $500,000 for a corporation (RTA s. 238). Ontario e-Laws
  33. Right of first refusal after repairs or renovations if the tenant gives written notice before vacating, at a rent no more than the landlord could lawfully have charged without the interruption (RTA s. 53(1)-(3)). Ontario e-Laws
  34. Landlord must notify the tenant in writing of the estimated ready date, any change, and when the unit is ready, and give at least 60 days to move back (RTA s. 53(2.1), (2.2), in force 21/09/2026). Ontario e-Laws

Every month of delay is another month of rent.

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