Proper Eviction Via N12 Process Notice Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant | Freed Legal Services


Last Updated: August 22 2026

Question:What are the legal requirements in Ontario for an N12 eviction when a landlord wants personal use of the rental unit?

Answer:In Ontario, a landlord who wants to end a tenancy for own use (or for a close family member’s own use) must use a proper N12 form and give the tenant at least 60 days’ notice with a termination date that aligns with the tenancy end date under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2).  The landlord must also provide compensation equal to one month’s rent (or offer another rental unit acceptable to the tenant) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48.1.  If the N12 process or notice details are handled incorrectly, the eviction can be delayed or challenged, so paralegal help can reduce risk and help ensure the paperwork matches the statutory requirements for a lawful own-use termination.  Freed Legal Services can help you understand your options and next steps, call (800) 716-1897 today to discuss your situation.

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What Must a Landlord Properly Do When the Landlord Is Seeking Eviction of a Tenant Due to a Desire to Take Back a Rental Unit for Personal Use?

Understanding the Proper Eviction Via N12 Process Including Notice Requirements When Evicting a Tenant For Own Use By the Landlord

Proper Eviction Via N12 Process Notice Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant A landlord must issue a properly completed N12 Form to provide appropriate eviction notice to a tenant when the landlord wishes to take back a rental unit for the personal use of the landlord or for the personal use by close family member of the landlord.  When a landlord seeks to take back the rental unit, adherence to the N12 process helps to prevent misunderstandings, disputes and misconceptions.  With an adequate appreciation for the N12 notice requirements, landlords are best able to ensure that the eviction for own use process is lawfully undertaken thereby safeguarding the rights of the landlord as well as respecting the concerns of the tenant.

Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.

Requirements
Proper Notice

As indicated per section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is required to provide at least sixty (60) days notice to the tenant whereas it is specifically stated:


48 (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.

Compensation

Additionally, per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, the landlord is also required to provide compensation to the tenant in an amount equivalent to one (1) month of the usual rent or offer the tenant another rental unit within the rental complex as suitable to the tenant.  Specifically, section 48.1 says:


48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48.

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Conclusion

To ensure against legal risks, among other issues, a landlord must provide the proper notice of eviction to the tenant.  The proper notice, which occurs via the use of an N12 Form, must also be accompanied with proper compensation.

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