Ontario N12 Notice Requirements: Personal Use, 60-Day vs 120-Day, and Compensation

What the N12 Is For

Form N12 is the prescribed notice under the Residential Tenancies Act, 2006 for ending a tenancy when the landlord, a close family member, or a purchaser genuinely needs to occupy the rental unit. It covers two statutory grounds:

• Section 48 — Landlord or family member's own use: You, your spouse, a child or parent (of you or your spouse), or a care provider for one of these people needs to move in
• Section 49 — Purchaser's own use: Someone who has signed an Agreement of Purchase and Sale for the property needs it for personal occupation (complex must contain no more than three units)

Corporate landlords cannot issue an N12 for personal use under Section 48, regardless of the ownership structure. Only individual landlords qualify.

The Two Notice Period Options (Since September 21, 2026)

Bill 60 introduced a choice for personal-use N12 notices under Section 48. For notices served on or after September 21, 2026 (rules as at October 2026):

Standard 60-day notice — At least 60 days' notice with the termination date falling on the last day of a rental period or fixed term. You must pay one month's rent in compensation on or before the termination date, or offer an acceptable alternative unit.

Extended 120-day notice — At least 120 days' notice, same last-day alignment rule. Under Section 48.1(2), the landlord is exempt from paying the one-month compensation. This route is only available for personal use under Section 48 — it does not apply to purchaser use under Section 49.

The choice comes down to cash flow versus time. The 60-day path costs you one month's rent but gets the tenancy ended sooner. The 120-day path saves the compensation but extends your timeline by two months.

Purchaser Use: Always 60 Days, Always Compensation

For a purchaser's personal use under Section 49, there is no 120-day option. The notice period is at least 60 days, and one month's rent compensation is mandatory. A signed Agreement of Purchase and Sale must exist before you serve the notice. The sworn affidavit of the person who requires the unit must be filed with the L2 application; the RTA does not require purchaser occupancy for a fixed one-year period.

Termination Date Calculation

The termination date must be:

1. At least 60 (or 120) days after the date of service
2. The last day of a rental period or fixed term

If you serve in person on October 1 for a monthly tenancy with rent due on the 1st, the earliest termination date at 60 days would be November 30 (day 0 is October 1, count 60 days forward to November 30 — already a period end). If that doesn't align with the last day of a rental period, push to the next period end.

If you serve by mail, add 5 deemed-service days before starting the count. Mail service on October 1 means deemed served October 6, then 60 days forward, then align to period end.

The Compensation Payment Rule

For the 60-day route, compensation must be paid on or before the termination date. You cannot deduct it from alleged damages, utility bills, or existing arrears without the tenant's explicit written agreement. Withholding compensation is one of the most common reasons the LTB dismisses N12 applications.

The payment can be made by cheque, e-transfer, or by crediting the last month's rent deposit — but however you pay, document it.

Occupancy Rules and Bad-Faith Presumptions

For landlord own-use under Section 48, the intended occupant must genuinely intend to live in the unit for at least 12 consecutive months. The landlord must file the required sworn affidavit with the L2 application. For purchaser use under Section 49, the purchaser must genuinely intend residential occupation, but the RTA sets no fixed one-year occupancy period; the purchaser's affidavit is filed with the L2 application.

For a Section 48 notice, O. Reg. 240/26 presumes bad faith if the intended occupant does not move in within 60 days after the N12 termination date or, if later, the tenant's actual move-out date. Separate statutory presumptions can apply if the unit is advertised for rent or sale, re-rented, demolished, or converted during the period from when the N12 is given until one year after the tenant vacates. These presumptions do not apply to purchaser-use notices under Section 49. A former tenant may file a T5 application; remedies can include rent differential, moving costs, general damages, and an LTB administrative fine of up to $50,000.

What the Tenant Can Do After Receiving an N12

The tenant has three options:

1. Vacate by the termination date
2. Give you a Form N9 with at least 10 days' notice to leave earlier than the termination date
3. Stay and wait for an LTB hearing — the notice itself does not force them out

If the tenant stays past the termination date, you file a Form L2 within 30 days. Filing late means the notice expires and you restart the process.

Our Ending a Tenancy in Ontario guide includes the N12 decision matrix, termination date calculator, and Certificate of Service template for both the 60-day and 120-day routes.

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