When Can a Landlord Serve an N12 Notice?

An N12 Notice may be used when:

• The landlord intends to move into the rental unit.

• The landlord's spouse intends to move into the rental unit.

• The landlord's child or parent intends to move into the rental unit.

• The purchaser of the property intends to occupy the unit.

• The purchaser, the purchaser's spouse, child, parent, or a caregiver for one of those individuals intends to occupy the rental unit.

The person moving in must genuinely intend to occupy the rental unit as a residence.

Does the Landlord Have to Pay Compensation?

Yes. In most cases, the landlord must compensate the tenant an amount equal to one month's rent or offer another acceptable rental unit before the termination date specified in the notice.

Compensation requirements are strictly enforced and failure to comply can result in the application being dismissed.

How Much Notice Must Be Given?

The termination date on the N12 Notice must generally provide at least 60 days' notice and coincide with the end of a rental period or term.

The notice requirements vary depending on the type of tenancy.

What Happens After Serving an N12?

After serving the notice:

If the Tenant Agrees

The tenant may move out on or before the termination date.

If the Tenant Does Not Leave

The landlord may file an L2 Application with the Landlord and Tenant Board.

The Landlord and Tenant Board will schedule a hearing where the landlord must demonstrate that the notice was served in good faith and that all legal requirements under the Residential Tenancies Act have been satisfied.

What Does "Good Faith" Mean?

The Landlord and Tenant Board will often examine whether the landlord genuinely intends to occupy the unit.

When determining whether an N12 Notice was served in good faith, the Landlord and Tenant Board may consider factors such as:

• Testimony from the landlord

• Plans for occupancy

• Timing of the notice

• Prior conduct

• Supporting documentation

Every case is unique.

Can a Tenant Challenge an N12 Notice?

Yes. Tenants may challenge:

• Whether the notice was properly completed

• Whether compensation was paid

• Whether the notice was served correctly

• Whether the landlord genuinely intends to occupy the unit

The Board will ultimately decide whether the application should be granted.

Common Mistakes Landlords Make

Serving the Wrong Notice

Different circumstances require different notices. Using the wrong form can cause significant delays.

Failing to Pay Compensation

Compensation requirements are mandatory in most N12 cases.

Improper Service

Notices must be served in accordance with the Residential Tenancies Act and applicable Board rules.

Insufficient Evidence

Landlords should be prepared to explain why the unit is required and provide evidence supporting their position.

Frequently Asked Questions

Can I Use an N12 Because I Want to Sell My Property?

Not usually. The fact that a property is being sold does not automatically justify an N12 Notice. Specific circumstances must exist.

Can I Serve an N12 During a Fixed-Term Lease?

Certain rules apply depending on the circumstances and the proposed termination date.

Does the Tenant Have to Leave Immediately?

No.

Serving an N12 Notice does not automatically terminate the tenancy.

What Happens if the Tenant Refuses to Leave?

The landlord may need to file an L2 Application and obtain an order from the Landlord and Tenant Board.