Yes No Share to Facebook
Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: August 22 2026
Question: What must a landlord in Ontario include to issue an N12 eviction for own use (landlord or family member)?
Answer: Denali Paralegal can help you understand Ontario’s N12 requirements so your own-use eviction is properly supported and reduces delay and dispute risk, including giving at least 60 days’ notice and paying at least one month’s compensation, while ensuring the landlord truly intends the replacement occupancy for at least one year and that the notice is issued under the limited grounds set out in Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48 (and only where the landlord is an individual and the unit is owned by an individual in whole or in part). If you need help reviewing your situation and next steps with a family law services provider paralegal in Ontario, call (877) 414-4377.
Add this website to Google Preferred Sources
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
In situations where a landlord wishes to evict a tenant for the purpose of taking the rental unit for use by the landlord, or certain close family members of the landlord, the initiation of an eviction process must be genuinely based on an intention for the landlord, or the close family member, to occupy the rental unit for one year as a minimum. The law imposes the mandate of a good faith intention that the replacing occupant will stay within the rental premises of at least one-year so to ensure that a landlord refrains from stating a desire to take back the rental unit without a genuine intention to occupy the rental unit; and perhaps does so merely as a guise to evicting the tenant so to replace the tenant with a fresh tenant that is willing to pay a higher rent.
The Law
The right to terminate the tenancy, when in good faith, for own use purposes is provided within section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 wherein it is said:
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
A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants. To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.
More Information Is Available About Eviction Via Form N12 Process...
Here are links to four (4) other webpages:
Conclusion
A landlord wishing to occupy a rental unit for the personal residential purposes of the landlord, or certain family members of the landlord, may issue and serve a Form N12 upon the tenant as the proper legal notice of eviction. 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 quantity of inquiries such as “lawyers close to me” or “top lawyer in” frequently indicate a desire for prompt, competent legal support instead of a precise designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to advocate for clients in specified litigation cases. Skills in advocacy, legal analysis, and procedural expertise are fundamental to this function. Denali Paralegal provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing efficient and favourable outcomes for clients.