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Proper Eviction Via N12 Process Notice
Involves the Proper Issuing and Serving of an N12 Form Upon the Tenant
Last Updated: August 23 2026
Question: What are the legal requirements in Ontario for a landlord to evict a tenant using an N12 notice for personal use?
Answer: In Ontario, a landlord using an N12 (own use) must give at least 60 days’ notice for termination, with the termination date set for a day a tenancy period ends (or the end of the fixed term) under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2), and must also compensate the tenant with 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. For help reviewing whether the notice and compensation are properly done, contact Case in Point Paralegal Services paralegal services in Ontario at (519) 318-7843 to reduce mistakes and protect your rights.
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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
A landlord, to reclaim a rental unit for personal use of the landlord or personal use by a close family member of the landlord, must provide a properly completed N12 Form as the method of providing notice of eviction to a tenant. The proper notice a critical aspect of the eviction via N12 process. Proper notice ensures that both the landlord as the tenant understand and comply with rights, responsibilities, duties, and legal expectations, of each other, thereby fostering transparency and trust. 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.
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.
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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