No, not automatically. An N12 is a notice, not an eviction order. It starts a process rather than ending your tenancy. Your landlord still has to apply to the Landlord and Tenant Board (LTB), prove good faith at a hearing, and obtain an order – and pay you one month’s rent first.
What an N12 is, and what it is not
An N12 is the form a landlord uses to end a tenancy because the landlord, or someone close to the landlord, intends to live in the unit. It comes from section 48 of the Residential Tenancies Act, 2006.
Here is the distinction that matters most on the day it lands in your mailbox. A notice is a claim. An order is a decision. Only the LTB issues orders, and only the Sheriff enforces them. A landlord who changes the locks, removes your belongings, or shuts off utilities after serving an N12 is not enforcing anything – they are breaking the law.
The three stages an N12 has to survive
Stage one: the notice itself. It must be correctly filled out and correctly dated.
Stage two: the application. The landlord files an L2, and must file it no later than 30 days after the termination date on the notice. Late filings are dismissed. The application must also disclose every notice of termination for own use, purchaser’s use, demolition, conversion or repairs (N12 and N13) that the landlord has given for any unit in the previous two years. That disclosure exists precisely so patterns become visible.
Stage three: the hearing. You attend, you give evidence, and the landlord carries the burden of proof on a balance of probabilities.
Most tenants assume the fight happens at stage three. Often it is already over at stage one.
Four things that make an N12 fail
- The landlord is a corporation – as a rule. Section 48(5) requires the unit to be owned, in whole or in part, by an individual, and the landlord to be an individual, so a corporate landlord generally cannot use this route. The narrow exception the courts have recognized is a corporation serving notice on behalf of its sole shareholder, who will personally occupy the unit (Slapsys v. Abrams). More than one shareholder, or occupation by anyone other than that individual, takes it back off the table.
- The date is wrong. The termination date must be at least 60 days after the notice is given and fall on the last day of a rental period, or the end of a fixed term. Both conditions, together. A notice with the wrong date is defective, and a defective notice cannot be fixed after it has been served.
- The intended occupant is not on the list. Section 48(1) allows only the landlord, the landlord’s spouse, a child or parent of the landlord or the landlord’s spouse, or a caregiver for one of those people. Siblings, cousins, and in-laws are not on the list.
- The compensation was not paid. Under section 48.1 the landlord owes you one month’s rent, or an acceptable alternative unit. Under section 55.1 it must reach you no later than the termination date on the notice. If it does not, the LTB will not order the eviction.
What “good faith” actually means here
Good faith is a narrower question than most people expect. The test is whether the landlord genuinely intends to move in – not whether the plan is sensible, efficient, or fair.
The Divisional Court put it plainly in Salter v. Beljinac, 2001 CanLII 40231, where the issue was framed as whether the professed intention is genuine. In Feeney v. Noble, 1994 CanLII 10538, the court confirmed that the reasonableness of the landlord’s plan is not the test. And in Fava v. Harrison, 2014 ONSC 3352, the court held that a landlord’s motives are largely irrelevant to the outcome, while still permitting the Board to look at conduct and motive to draw inferences about whether the intention is genuine.
That last point is the practical one. Motive is not the question, but motive is evidence.
If your landlord never moves in
If you left because of the N12 and nobody from that list moved in within a reasonable time, you can file a T5 application under section 57. You have one year from the date you vacated.
The statute shifts the burden in your favour. Bad faith is presumed, unless the landlord proves otherwise, if at any point between the day the notice was given and one year after you moved out the landlord advertises the unit for rent, rents it to someone else, advertises the unit or building for sale, demolishes it, or converts it to non-residential use.
The Board can order the landlord to pay your increased rent for a year, out-of-pocket moving and storage costs, an abatement of rent, general compensation of up to 12 months of your last rent, and an administrative fine. Separately, on prosecution, the Residential Tenancies Act, 2006 allows fines of up to $100,000 for an individual and $500,000 for a corporation.
The Sakuraba Law Perspective
Our observation runs against the instinct most tenants have. People want to argue about whether their landlord is telling the truth, because that is the part that feels unjust. But good faith is a credibility contest decided at a hearing, while the date, the ownership, the named occupant, and the compensation are all verifiable on paper before anyone testifies. Check the paper first. It is where these applications most often come apart.
Keep records from day one: when the notice arrived, how it was delivered, and any listing for the unit afterward. A T5 is won with a timeline.
Frequently asked questions
Can a company or numbered corporation serve me an N12?
Usually not, but not never. Section 48(5) requires the unit to be owned at least in part by an individual and the landlord to be an individual, so as a rule a corporate landlord cannot end a tenancy for personal use. The exception the courts have recognized is a corporation giving notice on behalf of its sole shareholder, who will personally occupy the unit (Slapsys v. Abrams). With more than one shareholder, or anyone else as the intended occupant, the route is not available.
My landlord offered me cash to leave early. Should I take it?
That is a different legal path from an N12, and it is voluntary. Signing an agreement to end the tenancy gives up your right to a hearing and, with it, the ability to test whether the N12 was genuine. It can still be the right choice, but it should be a decision made with the numbers and your rights in front of you.
Does the one month’s compensation have to be paid before I move out?
Yes. Section 55.1 requires it no later than the termination date on the notice. Many landlords satisfy it by waiving your last month’s rent. If the compensation is not provided, the LTB must refuse the eviction.
This article is general information, not legal advice, and each case is assessed individually.
Got an N12? Check the paper before you pack
In a consultation we check the ownership, the date, the named occupant, and the compensation, and walk you through your timeline – including a T5 if the move-in never happened.
Sakuraba Law – 120-202 Eglinton Avenue East, Toronto, ON | 905 393 2999