N12 Eviction for Personal Use
When a landlord wishes to end a tenancy because they or certain family members intend to move into the rental unit, Ontario law allows this under strict legal requirements. This process begins with serving a Form N12 – Notice to End Tenancy for Landlord’s Own Use and is governed by the Residential Tenancies Act, 2006 (RTA) and significant case law.
At Haider Khan Legal P.C., we help landlords navigate these complex evictions—ensuring compliance with the law, avoiding costly dismissal of applications, and protecting your right to reclaim your property.
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Our all-inclusive package covers:
A legal fees payment plan of up to three (3) months.
Preparation and proper service of the N12 Notice. Process serving fees are included.
Filing the L2 eviction application with the LTB (our fee includes the $186 LTB filing fee).
Drafting, organizing and serving evidence.
Preparing and coordinating relevant witnesses.
Attending the LTB hearing and representing you before the adjudicator.
Securing an eviction order.
If the tenant still refuses to leave after the order is granted, we will prepare and file sheriff enforcement paperwork (sheriff fees are not included and payable directly by the landlord to the Sheriff of your jurisdiction).
Please note that this fee only applies to standard tenant evictions for personal use. If your case is complex or requires extra steps, we reserve the right to quote an additional or increased fee. -
Under Section 48 of the Residential Tenancies Act, 2006, a landlord may terminate a tenancy if:
The landlord, their spouse, their child, their parent (or their spouse’s parent), or a caregiver for any of these individuals intends to move into the unit for at least one year;
The landlord serves the tenant with at least 60 days’ written notice, ending on the last day of a rental period or term; and
The landlord pays the tenant compensation equal to one month’s rent.
The Landlord must be an individual, and the rental property must also be owned in whole or in part by an individual (not a corporation) under RTA s. 48(5).
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The landlord must prove a genuine intention to occupy the unit (or have a qualifying family member or caregiver occupy it) as a full-time residence for at least 12 months.
The central legal test for good faith in N12 notices is set out in Feeney v. Noble (1994), 19 O.R. (3d) 762 (Div. Ct.). The Court held that:
“The test of good faith is a genuine intention to occupy the premises, not the reasonableness of the landlord’s proposal.”
This principle was upheld in Salter v. Beljinac (2001 CanLII 40231), where the Court clarified that the “good faith” requirement simply means the landlord sincerely intends to occupy the rental unit—not that their decision to do so needs to be reasonable or justified.
To meet the good faith test, landlords must demonstrate:
A clear, concrete plan to live in the unit (or for an eligible family member or caregiver to live there).
Evidence to back up this plan (affidavits, witness testimony, relocation documentation, etc.).
That their conduct aligns with their stated intent, both before and after the notice is given.
Failure to prove good faith—or being found to have evicted a tenant under false pretenses—can result in:
The tenant being awarded substantial damages under the RTA;
Reputational damage and potential penalties;
Dismissal of your application.
By focusing on demonstrating a genuine, future-oriented intention to occupy the unit—and ensuring your actions are consistent with that intention—you significantly reduce the risk of an LTB finding of bad faith.
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In N12 cases, credible witnesses and documentation are crucial. This can include:
Sworn affidavits confirming the landlord or family member’s intention to move in.
Testimony from the intended occupant (e.g., confirming school or work relocation plans).
Evidence of preparations to move (such as closing a previous residence or employment relocation).
Failure to present convincing evidence of good faith is a leading reason N12 applications are dismissed.
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Landlords must pay the tenant an amount equal to one month’s rent before the termination date (or offer a suitable alternative rental unit). Failure to provide this compensation invalidates the eviction. Compensation is required even if the tenant chooses to leave before the hearing date.
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Serve a Form N12 Notice with a minimum of 60 days’ notice.
Provide compensation (one month’s rent).
If the tenant does not leave by the termination date, file an L2 Application with the LTB (You may also file the L2 application before the termination date to save time, however, you will have to withdraw the application if the tenant moves out).
Attend the LTB hearing—the landlord must present evidence and witnesses to prove good faith.
If successful, the LTB issues an eviction order. If the tenant does not vacate, the Sheriff must enforce the eviction.
Why Choose Haider Khan Legal?
N12 applications are commonly misused and are thus closely scrutinized by the LTB and often contested by tenants. Even small errors or shortcoming—such as missing details on the notice, improper service, or weak evidence—can lead to dismissal, costing landlords months of delay.
At Haider Khan Legal P.C., our lawyers and licensed paralegals:
Draft and serve the N12 notice correctly.
Prepare affidavits and gather witnesses to prove good faith.
Represent you at the LTB and present strong evidence.
Help avoid pitfalls that lead to delays or legal challenges.
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