LTB Form N12: Notice to End your Tenancy Because the Landlord Requires the Rental Unit

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Sometimes a landlord requires their rental unit for their own personal use or for one of their family members. Landlords have the right to occupy their property in this manner. To initiate this process and reclaim occupancy, a landlord must serve an a Form N12 Notice.

What is Form N12?

Form N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit, is provided by the Ontario Landlord and Tenant Board (LTB). The LTB provides official forms and applications and holds hearings related to all landlord-tenant matters in the province. 

Form N12 serves as formal notice from the landlord to the tenant indicating the intention to end the tenancy for reasons related to the landlord's own use of the rental unit.

When to Use Form N12?

Landlords use Form N12 when they require the rental unit for their personal use, the use of their family members, or caregivers. This form initiates the process of ending the tenancy in a manner compliant with the regulations set forth by the LTB. There are two situations to use the form:

• Reason 1: The current property owner, an immediate family member, or a caregiver for the landlord or wants to move in for a period of 1 year or more.
• Reason 2: A purchaser of the property,  an immediate family member, or a caregiver of the purchaser wants to move in for 1 year or more. Note: This only applies when the dwelling has 3 or less units, and there is a signed agreement.

How to Complete Form N12

Form N12 requires the landlord to provide details about the tenancy, the reason for termination, and the proposed date for the termination of the tenancy. It also requires landlords to declare their intentions regarding the use of the rental unit.  The key portions of the form include:

• To/From/Address: The landlord fills out the basic contact information for the landlord and tenant, as well as the unit address.
• Termination Date: The landlord sets the termination date when the tenant has to move out. The date must be a minimum of 60 days from the notice.  Additionally, the termination date must be the last day of a period for periodic leases such as month to month or at the end of a term for a yearly lease. 
• Reasons for Ending the Tenancy: The landlord must shade in the box that matches one of the allowable reasons on the form. 
• Signatures: The landlord and tenant sign in the appropriate space.  If the form is filled out by a representative who is not the owner - such as a property manager or lawyer - they also fill out the representative details.  

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How to Deliver Form N12?

Delivery of Form N12 to tenants serves as official notification of the landlord's intention to end the tenancy for personal use reasons.

Landlords must ensure that the form is delivered using approved methods, such as in-person delivery, mailing, faxing, or courier services. You cannot post the notice on the door of the property.

After Delivering Form N12

Since Form N12 is unilateral and used in situations where the tenant has done nothing wrong - the landlord is required to provide compensation to the tenant.

Compensation can be in the form of money equal to one month’s rent or offer the tenant another rental unit that is acceptable to them.

If you elect to pay the tenant compensation, it must be paid on or before the termination date in the notice.

After receiving a Form N12 Notice, the tenant may wish to vacate faster than the minimum 60 days notice.  They can do so at anytime before the termination date with only 10 days notice an no further rent obligations

After filing the N12, Landlords then can immediately file the follow-up for L2 Notice to End your Tenancy at the End of the Term. A landlord will have to include a copy of the N12 and a Certificate of Service to verify when and how the notice was served.

If the tenant has not vacated by the termination date, the LTB can order an eviction.

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Summary

Form N12: Notice to End a Tenancy for Landlord’s Own Use, provided by the Landlord and Tenant Board, serves as a formal mechanism for landlords to terminate a tenancy for personal use reasons. By completing and delivering Form N12, landlords officially notify tenants of their intention to reclaim the rental unit, ensuring compliance with regulatory requirements and facilitating a transparent process for all parties

Landlords should ensure compliance with all procedural requirements and timelines outlined by the LTB throughout the notice and termination process. Seeking legal advice from an experienced real estate lawyer helps navigate potential disputes or challenges can help facilitate a smooth transition.

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