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Good Faith:
a Genuine Intention to Occupy a Vacated Rental Unit For At Least a Year
Last Updated: August 23 2026
Question: When an Ontario landlord serves an N12 notice for own use, what does “good faith intention” to occupy for at least one year actually mean?
Answer: Freed Legal Services helps Ontario tenants and landlords understand that, for an N12 own-use eviction, the landlord must genuinely intend to move into the rental unit (or have a qualifying person move in) and must keep that residential occupation intention for at least one year. The Residential Tenancies Act, 2006 requires the landlord to act “in good faith” when terminating under Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, s. 48(1), and at any Landlord and Tenant Board hearing the question is whether the intent is real, not whether the landlord’s plan sounds reasonable. Case law frames the test as a genuine intention to occupy, with the Board able to consider the landlord’s conduct and motives only to infer whether the stated intent is truthful, as discussed in K.M. (Landlord) v. J.N. and J.R., 2018 CanLII 111837. If you need help reviewing an N12 or responding to an own-use application, contact Freed Legal Services at (800) 716-1897 for a practical paralegal consultation in Ontario.
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What Is Meant By a Good Faith Intention When N12 Notice of Eviction Is Served Upon a Tenant By a Landlord Who Seeks to Reclaim a Rental Unit For Own Use Purposes?
Understanding the Good Faith Intention Requirement Involving a Minimum One-Year Occupancy Upon Reclaiming a Rental Unit
A landlord must act in good faith intentions when issuing an N12 Form as a Notice of Eviction. The good faith element allows a landlord to reclaim a rental unit for personal use, based upon the condition that the unit will be occupied for at least one year. Good faith ensures that the intent of the landlord is genuine and aligned with the legal requirements, thereby fostering trust and reducing potential disputes. Understanding the significance of good faith in this process is crucial to appreciating the nee to protect the security of tenure rights of a tenant while upholding the credibility of the landlord.
The Law
The legal duty upon a landlord to act with a good faith intention to occupy a rental unit vacated by a tenant per the N12 own use process is prescribed by 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 ..,
Requirements
Good Faith
As above, a landlord must have good faith intentions when evicting for own use. Of course, reading the mind of the landlord so to determine whether intentions are pure is an impossibility and therefore where there is a hearing at the Landlord Tenant Board the challenge for the adjudicator is to gauge whether the good faith requirement is genuine. Per the case of K.M. (Landlord) v. J.N. and J.R., HOL-0238818 (Re), 2018 CanLII 111837, it is said:
13. The obligation of the Board in considering applications for Landlord’s own use is to consider the circumstances of each case in relation to the criteria laid out by the leading cases of the Divisional Court:
Beljinac v. Salter, 2001 CanLII 40231 (ON SCDC), [2001] O.J. No. 2792 (Div. Ct.), (“Salter”) when referring to Justice Steele’s reasons in Feeney v. Noble (1994), 19, O.R. (3d) (Div. Ct.), stated that:
…the test of good faith is a genuine intention to occupy the premises and not the reasonableness of the landlord’s proposal.
And in the more recent decision of Fava v. Harrison, 2014 ONSC 3352 (CanLII) the Divisional Court, in considering this issue in the context of the Act found as follows:
We accept, as reflected in Salter, supra, that the motives of the landlord in seeking possession of the property are largely irrelevant and that the only issue is whether the landlord has a genuine intent to reside in the property. However, that does not mean that the Board cannot consider the conduct and the motives of the landlord in order to draw inferences as to whether the landlord desires, in good faith, to occupy the property.
As such, the reason why the landlord is seeking to occupy the rental unit is, generally, irrelevant and only the intent to occupy is under consideration; however, as indicated, the conduct and motives of the Landlord may be indicators as to the truth of a stated intent to occupy.
Conclusion
A landlord, when evicting a tenant for the own use purposes of the landlord, or the qualifying close family members of the landlord, must hold a genuine intention to occupy the rental unit that is being vacated by a tenured tenant for at least a year.
NOTE: A significant quantity of inquiries related to “lawyers nearby” or “top lawyer in” frequently indicates an urgent necessity for proficient legal representation instead of a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society that oversees lawyers and are empowered to act on behalf of clients in specified litigation matters. Skills in advocacy, legal analysis, and procedural know-how are fundamental to that position. Freed Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidentiary preparation, and persuasive advocacy aimed at securing effective and advantageous resolutions for clients.
