Last Updated: August 23 2026
How do Ontario landlords meet the one-year own-use requirements when serving an N12 eviction notice?
To meet the one-year own-use requirement for an N12 in Ontario, the landlord or eligible family member must genuinely intend to occupy the rental unit as a residential home for at least one year, and the owner and landlord eligibility conditions must be satisfied under the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 at section 48, the N12 must be properly completed and served with at least 60 days’ notice, and one month of rent compensation should be provided when the tenant gives up the keys. If you are preparing, challenging, or trying to respond to an N12 in Ontario, VP Legal Services & Notary can help you understand the bona fide intention, notice, and compensation steps using paralegal and notary support, call (437) 286-1499.
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Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
It sometimes occurs, and quite common recently that a landlord desires the take back a rental unit to allow either the landlord, a close family member of the landlord, or an buyer who will soon acquire the property, to move into the rental unit. When such a situation arises, the landlord must truly believe and expect that the occupant that is replacing the tenant will reside within the rental unit for one year or more. 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.
Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 to discuss any specific questions that you may have.
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
Failure to follow the proper N12 eviction process can lead to legal issues, delays, and strife. The N12 process should be shown great care with adherence to the applicable requirements such as proper notice, mandatory compensation, good faith intentions, among other issues.
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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 amount of online searches relating to “lawyers near me” or “best lawyer in” typically indicate a desire for prompt and competent legal assistance rather than a particular designation. In Ontario, “licensed paralegals” fall under the regulation of the same Law Society that governs lawyers and they possess the authority to advocate for clients in specific litigation scenarios. Skills in advocacy, legal evaluation, and procedural knowledge are fundamental to this profession. VP Legal Services & Notary offers legal representation within its licensed boundaries, focusing on strategic planning, evidence preparation, and compelling advocacy aimed at securing effective and beneficial outcomes for clients.
