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Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: July 03 2026
Question: When a landlord in Ontario wants to use an N12 to take back a rental unit for their own use or for a family member, what are the key good-faith and one-year occupancy requirements they must meet?
Answer: A landlord may terminate a tenancy with an N12 in Ontario only where the landlord truly requires the unit in good faith for residential occupation for at least one year, for the landlord or certain family members, under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48. The notice must give the tenant at least 60 days and the landlord must also pay compensation equal to one month of rent when the tenant moves out and keys are provided, because failing to follow the proper N12 process can lead to delays and disputes. If you need help making sure the N12 requirements are met correctly, a paralegal at Access Ontario Legal Services can assist you across Ontario, including Milton, Oakville, and surrounding areas, by reviewing your facts and next steps, call (905) 302-1851.
Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
Landlords often seek to reclaim a rental unit to replace tenant occupancy with an occupancy by the landlord, a close relative of the landlord, or a buyer of the property. In such cases, the landlord must genuinely intend for the new occupancy to continue for at least one year. 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
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
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 volume of online searches for terms like “lawyers near me” or “best lawyer in” typically indicates a pressing need for effective legal assistance rather than simply seeking a particular title. In Ontario, paralegals who hold a license are governed by the same Law Society that regulates lawyers and have the authority to represent clients in specific litigation matters. Central to this position are advocacy, legal analysis, and procedural expertise. Access Ontario Legal Services provides legal representation within its licensed framework, focusing on strategic positioning, evidentiary preparation, and compelling advocacy aimed at securing efficient and favourable outcomes for clients.