Last Updated: August 23 2026
What are the legal requirements in Ontario for a landlord to evict a tenant using an N12 notice for personal use?
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 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
Where a landlord seeks to reclaim a rental unit for own use or for the own use of a close family member, notice of eviction via a properly prepared N12 Form document served upon the tenant must be performed by the landlord or legal representative 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 Case in Point Paralegal Services by phone at: (519) 318-7843 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.
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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