Landlord and Tenant Issues

When can an Ontario landlord end a tenancy to move in or house family (N12)?

Last updated October 7, 2026.

An individual landlord in Ontario can end a tenancy with an N12 notice if they, their spouse, a child or parent of either of them, or a caregiver genuinely plans to live in the unit for at least one year. The termination date must be at least 60 days away and fall on the last day of a rental period or fixed term. The landlord owes one month's rent or another acceptable unit, unless a notice served on or after September 21, 2026 gives at least 120 days.

An N12 is a notice, not an eviction order. Only the Landlord and Tenant Board (LTB) can order a tenant out, and only after the landlord proves good faith at a hearing. Whether you served the notice or received it, our page on help with landlord and tenant issues explains how Carson Frankum, a licensed paralegal in Hamilton, works on LTB cases like this one.

How does an N12 eviction work, step by step?

The rules come from sections 48, 48.1, 69, 71.1, 72 and 83 of the Residential Tenancies Act, 2006, read with the LTB's current N12 instructions and Interpretation Guideline 12, both updated for the September 21, 2026 amendments. Here is the usual order of events.

The landlord checks that they can use an N12 at all. The unit must be owned at least in part by an individual, and the landlord giving the notice must be an individual (s. 48(5)). A corporation cannot give this notice. The person moving in must be one of the people listed in section 48(1), and they must intend to live there for at least one year.
The landlord fills in the current N12 form. The LTB replaced the N12 on September 21, 2026 and says older versions will not be accepted after November 30, 2026. The notice names the person who will move in and their relationship to the landlord, and sets a termination date.
The landlord picks a valid termination date. It must be at least 60 days after the notice is given and must be the last day of a rental period, or the last day of a fixed-term lease (s. 48(2)). When counting, the day of service is not included; the LTB says to add five days if the notice is mailed and one business day if it goes by courier.
The landlord serves the notice properly. The LTB lists handing it to the tenant or an adult in the unit, leaving it in the mailbox, sliding it under the door, courier or mail. Posting it on the door is not allowed.
The landlord pays compensation, if owed, by the termination date. The compensation is one month's rent or another rental unit the tenant accepts (s. 48.1(1)), and it must be paid no later than the termination date in the notice (s. 55.1). The LTB cannot issue an eviction order until this is done (s. 83(4)).
If the tenant does not agree to leave, the landlord files an L2 application. The landlord can apply right after serving the notice (s. 71) but no later than 30 days after the termination date (s. 69(2)). The filing fee is $201, or $186 through the Tribunals Ontario Portal. A sworn affidavit or signed declaration from the person who will move in, confirming they need the unit in good faith for at least one year, must be filed with the application (ss. 71.1(1) and 72(1)); the LTB says it will not accept the application without it. The application must also list every N12 or N13 the landlord gave any tenant in the two years before filing (s. 71.1(3)).
The LTB holds a hearing. The landlord must prove good faith on a balance of probabilities. Even if the landlord proves it, the Board must consider whether to refuse or delay the eviction (s. 83). For an N12, a delay is possible when it would not be unfair to the landlord or other tenants.
Enforcement. An eviction order cannot take effect before the termination date in the notice (s. 80(1)). Only the sheriff can carry out an eviction, and an eviction order expires if it is not filed there within six months after it takes effect (s. 81).

Most tenants and landlords never get to step 8. Many tenants move out by the termination date, and some sign an agreement instead; our page on agreeing to end a tenancy with an N11 explains how that route differs. For a sense of the overall calendar from notice to Sheriff, see how long an eviction takes in Ontario.

N12 for the landlord's own use: the key numbers (Residential Tenancies Act, 2006 and LTB, read October 7, 2026)
Rule	What it says	Where it comes from
Minimum notice	At least 60 days, ending on the last day of a rental period or fixed term	s. 48(2)
Compensation	One month's rent or another unit the tenant accepts, paid by the termination date	ss. 48.1(1), 55.1
No-compensation option	Notice served on or after September 21, 2026 with a termination date at least 120 days away (landlord's own use only)	s. 48.1(2)
How long the occupant must stay	At least one year of residential occupation	ss. 48(1), 72(1)(a)
Moving in	Within 60 days of the termination date (or of the day the tenant left, if later), or bad faith is presumed in a T5 case	s. 57(6.1); O. Reg. 240/26
L2 filing deadline	No later than 30 days after the termination date	s. 69(2)
L2 filing fee	$201, or $186 through the Tribunals Ontario Portal	LTB fee schedule
Tenant leaving early	At least 10 days' written notice (Form N9)	s. 48(3), (4)
Tenant's bad-faith claim (T5)	Within one year after moving out	s. 57(2)
Asking the LTB to review an order	Within 15 days of the order (orders made on or after July 1, 2026)	s. 209(3)

Who can the landlord move in?

The list in section 48(1) is short and the LTB applies it strictly. The landlord can end the tenancy for residential occupation by the landlord, the landlord's spouse, a child or parent of the landlord or the landlord's spouse, or a person who provides or will provide care services to one of those people. For a caregiver, the person receiving the care must live, or be going to live, in the same building or related group of buildings.

Who can and cannot be the intended occupant on an N12 (s. 48(1) and LTB Interpretation Guideline 12)
Can be named	Cannot be named
The landlord	A brother or sister of the landlord
The landlord's spouse	Grandchildren
A child or parent of the landlord	Aunts, uncles or cousins
A child or parent of the landlord's spouse	The landlord's estate
A caregiver for any of the above, if the person cared for lives in the building	A company that owns the unit, or its shareholders acting for it

Only one intended occupant has to be named, even if a whole family is moving in. "Residential occupation" means actually living there. The LTB's guideline lists decisions where part-time use, leaving the unit empty, or using it mainly as an office did not count.

What changes the answer?

The date the notice was served. The 120-day exception in section 48.1(2) only applies to N12s served on or after September 21, 2026. An N12 served earlier still carries the one-month compensation, however long the notice period.
Whether the landlord or a buyer needs the unit. The 120-day exception does not apply when the N12 is given for a purchaser's own use under section 49; compensation is always owed in that case (s. 49.1). That route is also limited to buildings with three or fewer units, or a condominium unit. See what happens when your landlord is selling the house.
Who owns the unit. A corporate landlord cannot use section 48 at all (s. 48(5)). The LTB guideline describes a case where moving a 1% ownership share from a company to its shareholders just before serving an N12 was found to be bad faith.
Condominium conversions and severances. A landlord cannot give an N12 to someone who was already the tenant when the building became a registered condominium, or when the unit was severed or subdivided (ss. 51 and 56).
The landlord's past notices. The Board may weigh the landlord's earlier N12 and N13 notices when deciding good faith (s. 72(3)), and a landlord who leaves a past notice off the L2 risks dismissal.
Retaliation and serious breaches. The Board must refuse an eviction if the landlord is in serious breach of their obligations, or if the application was brought because the tenant tried to enforce their rights or complained to a government authority (s. 83(3)).
Whether it is really a renovation. If the landlord plans major work that needs a building permit and an empty unit, the right notice is an N13, with different notice and compensation rules. See how an N13 for renovations or demolition works.

A worked example

For example, imagine a Hamilton tenant named Leah who rents the upper floor of a house month to month for $1,800, with rent due on the first. Her landlord, an individual who owns the house, hands her an N12 on October 10, 2026, saying his adult son will move in for at least a year.

Sixty days from October 10 lands on December 9, so the earliest valid termination date is December 31, 2026, the last day of a rental period. If the landlord uses that date, he must pay Leah $1,800 (or offer another unit she accepts) by December 31. If instead he wants to avoid compensation, he needs at least 120 days: that reaches February 7, 2027, so the earliest no-compensation date is February 28, 2027.

Suppose he chooses December 31 and pays. Leah finds a new apartment and gives an N9 with at least 10 days' notice to leave on November 30. Because she left before the termination date, the 60-day clock for the son to move in runs from December 31, so it ends on March 1, 2027. If the son has not moved in by then, or the unit is advertised for rent within a year after Leah left, she can file a T5 within one year of moving out and bad faith is presumed unless the landlord proves otherwise. Her options there are covered in what a tenant can do after a bad-faith eviction. This is a made-up example to show the arithmetic, not a real case.

What mistakes do landlords and tenants make with an N12?

Getting the termination date wrong. A date that is a day short, or not the last day of a rental period, makes the notice defective. The LTB guideline says a defective notice cannot be fixed after it is given, so the landlord starts over.
Paying compensation late. If the termination date has passed and the money was not paid, the guideline says the L2 will be dismissed unless there are exceptional circumstances.
Leaving out past notices. Forgetting an N12 or N13 given in the previous two years, even to the same tenant, can sink the application, and the guideline says the LTB cannot let the landlord add it later.
Naming the wrong relative. A sibling, grandchild or cousin is not on the list, no matter how close the family is.
Tenants moving out in a panic. A tenant does not have to leave just because an N12 arrived. Leaving early is a choice, and it is worth checking the notice, the compensation and the landlord's plans first.
Tenants keeping no record. If the unit reappears on a rental site after you leave, a dated screenshot can matter later. Without one, the one-year T5 window can pass with nothing to show the Board.
Landlords acting before the Board does. Changing the locks or putting a tenant's things out on the termination date is not allowed without an eviction order; see tenant rights when facing an illegal eviction attempt.

What to do this week

Tenants: write down the date you received the N12 and how it was delivered, and keep the envelope if it came by mail.
Check the termination date: count the days, then confirm it is the last day of a rental period or the end of your lease.
Check who is named and whether that person is on the section 48(1) list.
Look at the date of service: if it is on or after September 21, 2026 and gives 120 days or more, compensation may not be owed; otherwise, note when one month's rent is due to you.
Landlords: gather the declaration or affidavit from the person moving in and a list of every N12 or N13 you gave in the last two years before you file the L2.
Both sides: read the hearing notice carefully, and see how to prepare for a Landlord and Tenant Board hearing.
If the rental is in Hamilton, see how an LTB case works for a Hamilton rental for local supports.

Frequently asked questions

Do I have to move out on the date in the N12?

No. The notice only starts the process. If you stay, the landlord must file an L2 and win at a hearing, and only the Sheriff can enforce an eviction order. Staying does carry risk if the Board finds the notice was given in good faith, so get advice early.

Can I leave before the termination date?

Yes. After receiving an N12 you can end the tenancy earlier by giving the landlord at least 10 days' written notice (s. 48(3) and (4)). The LTB form for this is the N9.

Can a landlord serve an N12 during a fixed-term lease?

The notice can be served, but for a fixed-term lease the termination date must be the last day of the term (s. 48(2)). A landlord cannot use an N12 to cut a one-year lease short in the middle.

Does the person moving in have to testify at the hearing?

Not always. The LTB guideline says the person who signed the affidavit does not have to testify unless a party summons them, though live testimony usually carries more weight than a written statement.

What if my landlord offers me money to leave instead?

A landlord and tenant can agree to end a tenancy, usually on an N11, and the amount is whatever they negotiate. That is a different route from an N12, with different consequences; read the agreement closely before signing.

Does the tenant have to pay the landlord's filing fee if the N12 eviction is granted?

The LTB guideline says it usually does not order the tenant to pay the filing fee on an N12 or N13 eviction, because these are no-fault grounds. Costs can still be ordered if the application includes other claims.

What if I think the LTB got the decision wrong?

You can ask the LTB to review its order within 15 days, for a fee of $58, in limited situations such as a serious error. Our page on what to do if you disagree with an LTB order explains the steps. An appeal on a question of law goes to the Divisional Court within 30 days (s. 210), and that step is in the Divisional Court, where you would need a lawyer.

Sources

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This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.