Eviction Via Form N12 Process: Good Faith Intention of at Least One Year of Occupancy | Caruso Legal Services


Last Updated: August 23 2026

Question:What rules must a landlord follow for an N12 eviction on own use in Ontario?

Answer:In Ontario, an N12 own-use eviction under the Residential Tenancies Act, 2006, 2006, c. 17 must meet strict requirements: the landlord must terminate only if they in good faith require the unit for residential occupation for at least one year by the landlord or certain close family members (including a spouse or a child or parent), the notice must give at least 60 days, and one month’s rent compensation must be paid to the tenant.   A paralegal can help you verify proper notice wording and dates, confirm eligibility (including ownership and who qualifies as the intended occupant), and assess good-faith evidence before the Landlord and Tenant Board process starts, helping reduce delays and disputes.   For guidance from Caruso Legal Services in Ontario, call (289) 271-0488.

Add this website to Google Preferred Sources


Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member

Eviction Via Form N12 Process: Good Faith Intention of at Least One Year of OccupancyIt is common for a landlord to want to repossess a rental unit for the purpose of replacing the tenant occupancy with occupancy by the landlord, a close family member of the landlord, or for the occupancy by a forthcoming purchaser of the premises and when such circumstances arise, the landlord must truly hold an intention that the substitute occupancy will last for at least one year.  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 Caruso Legal Services by phone at: (289) 271-0488 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.

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.

At
Our Desk Now!
Need Help? Let's Get Started Today

NOTE: Do not send confidential information through the web form.  Use the web form only for your introduction.   Learn Why?
7

NOTE: A significant volume of online searches for “lawyers near me” or “best lawyer in” tends to indicate an urgent requirement for skilled legal assistance rather than a particular job title.  In Ontario, the Law Society that regulates lawyers also oversees licensed paralegals, who are permitted to represent clients in specific litigation matters.  Core to their responsibilities are advocacy, legal analysis, and procedural expertise.  Caruso Legal Services provides legal representation within its sanctioned mandate/scope, with a focus on strategic positioning, evidentiary preparation, and compelling advocacy designed to secure efficient and positive outcomes for clients.

AR, BN, CA+|EN, DT, ES, FA, FR, GU, HE, HI
IT, KO, PA, PT, RU, TA, TL, UK, UR, VI, ZH
Send a Message to: Caruso Legal Services

NOTE: Do not send confidential details about your case.  Using this website does not establish a legal-representative/client relationship.  Use the website for your introduction with Caruso Legal Services. 
Privacy Policy & Cookies | Terms of Use Your IP Address is: 216.73.216.28
Caruso Legal Services

4617 Crysler Avenue
Niagara Falls, Ontario,
L2E 3V6
 
P: (289) 271-0488
E: info@tonycaruso.ca

Business Hours:

09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
09:00AM - 05:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Call for details.
Messages may be left anytime.

Application Hosted on Microsoft Azure Cloud Web Servers | Analytics by Google
Let’s Encrypt SSL certificate is a service provided by the Internet Security Research Group (ISRG)
All names, trademarks and/or logos are those of their respective owners.

This webpage was served on: September 20 2026 at 05:16:41AM Eastern.

.






Assistive Controls:  |   |  A A A