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Eviction Via Form N12 Process:
Good Faith Intention of at Least One Year of Occupancy
Last Updated: August 23 2026
Question: How do I meet the Ontario requirements for an N12 eviction for own use by the landlord or a family member?
Answer: In Ontario, an N12 eviction for own use is valid only if the landlord (and the property ownership) meets the Residential Tenancies Act, 2006, S.O. 2006, c. 17, section 48 requirements, including genuine good-faith intent to have the landlord or eligible family member live in the rental unit for at least one year, plus proper notice timing (at least 60 days after giving notice) and one month’s rent compensation to the tenant. If you’re preparing or responding to an N12 in Ontario, paralegal help from Freed Legal Services can reduce delays and help you verify good faith, eligibility, and service steps. Call (800) 716-1897 to review your situation and get started.
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Understanding the Requirements During an N12 Eviction for Own Use By the Landlord or Family Member
It sometimes occurs, and quite common recently that a landlord desires the take back a rental unit to allow either the landlord, a close family member of the landlord, or an buyer who will soon acquire the property, to move into the rental unit. When such a situation arises, the landlord must truly believe and expect that the occupant that is replacing the tenant will reside within the rental unit for one year or more. The law requires landlords to demonstrate a bona fide intention for the new occupant to remain within the rental unit for a minimum of one year. This obligation ensures that landlords refrain from claiming a desire to take back the rental unit without a true intention to reside in the rental unit whereas such might otherwise serve as a pretext for evicting the current tenant in favour of a new tenant willing to pay a higher rent.
The Law
A landlord holds a right, in certain circumstances, to terminate so to take over occupancy for the own use of the landlord per section 48 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 whereas it is stated:
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
A failure to abide by the requirements of a proper N12 eviction can give rise to legal challenges accompanied with delays that are troubling for landlords and strife that is disruptive to tenants. To help minimize potential difficulties, focus and effort should be placed upon the adhering to the requirements of proper notice, compensation, good faith, etc.
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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 quantity of inquiries featuring “lawyers near me” or “best lawyer in” typically indicates a requirement for prompt and proficient legal counsel rather than a specific job title. In Ontario, “licensed paralegals” operate under the regulation of the same Law Society that supervises lawyers and are permitted to represent clients in specific litigation cases. Skills in advocacy, legal analysis, and procedural proficiency are fundamental to that function. Freed Legal Services provides legal representation within its authorized mandate/scope, focusing on strategic positioning, evidentiary preparation, and compelling advocacy aimed at securing efficient and advantageous outcomes for clients.
