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 Is Required of a Landlord When Seeking to Evict a Tenant So to Take Back a Rental Unit for Personal Use By the Landlord?

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.  As a critical aspect of the eviction via N12 process, providing proper notice of eviction helps to ensures that a landlord and a tenant are each aware of the respective legal expectations owed to each other which can foster transparency, trust, and respect during an awkward time.  Landlords, by understanding the significance of the N12 notice, are thereby prepared to ensure that evictions are undertaken lawfully which safeguards the rights of the landlord while also respecting the needs of tenants.

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 is statutorily prescribed by section 48(2) of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, a landlord is mandatorily required to provide at least sixty (60) days notice to a tenant when the eviction is for an own use purpose of the landlord whereas such specifically states:


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

A landlord, to ensure against problematic legal issues, must ensure that the proper notice is provided 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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