Who can move in
The person moving in has to be you, your spouse, a child or parent of either of you, or someone who provides care services to one of you. A cousin doesn't count. Neither does a friend who'd love the place.
Only an individual landlord can give an N12. If a corporation owns the unit, this notice isn't available to it.
If you've sold, the same circle applies around your buyer: the buyer, their spouse, child or parent, or their caregiver. Two extra conditions apply. The building must have three residential units or fewer, and you must already have a signed agreement of purchase and sale. There are also a few situations where the N12 can't be used at all, mostly where the tenant was already living there when the building became a condo. The Landlord and Tenant Board's N12 instructions list them.
How much notice you have to give
The termination date has to be at least 60 days after you give the notice, and it has to land on the last day of a rental period. On a fixed-term lease, it can't come before the last day of the term. Don't count the day you hand it over. Add five days if you mail it, one business day by courier.
| Your situation | Shortest notice | One month's rent to the tenant? |
|---|---|---|
| You or your family moving in | 60 days, to the end of a rental period | Yes, paid on or before the termination date (or offer another unit the tenant accepts) |
| You or your family moving in, with longer notice | 120 days or more | No, for notices given on or after September 21, 2026 |
| Your buyer's household moving in | 60 days, to the end of a rental period | Yes, always |
Here's the Board's own example. Rent is due on the first and the tenancy is month to month. Hand the notice over on August 1 and the earliest termination date is September 30. Mail it the same day and the earliest date becomes October 31. One day short and you start again.
The 120-day option
Since September 21, 2026, a landlord who gives at least 120 days' notice for their own use, or their family's or caregiver's, no longer has to pay the tenant one month's rent or offer another unit. It's a trade: time instead of a cheque. The option doesn't cover N12s given for a buyer, and every other rule on this page still applies. The termination date still has to fall on the last day of a rental period.
Giving the notice
Use the current N12 form from Tribunals Ontario. You can hand it to the tenant or another adult in the unit, leave it in their mailbox, slide it under the door, or send it by mail or courier. Taping it to the door doesn't count. Name every tenant on the lease, and keep a copy.
After they've received it, a tenant can leave sooner than your date by giving you at least 10 days' written notice.
If the tenant doesn't move out
An N12 doesn't end the tenancy on its own. If the tenant stays, you apply to the Landlord and Tenant Board on Form L2. You can file as soon as the notice is served, and no later than 30 days after the termination date.
The application needs three things beyond the form: a copy of the N12, a certificate of service saying how and when you gave it, and a declaration or sworn affidavit from the person moving in, saying they need the unit in good faith. The L2 also asks about every N12 or N13 you've given in the past two years, for any unit you own. The Board won't order the tenant out until the one month's rent has been paid, where it's owed.
Good faith, and what bad faith costs
The plan has to be real, and it has to happen. Since September 21, 2026, for your own or your family's use, the person named should normally move in within 60 days of the termination date. If they don't, and the former tenant files a bad-faith application (Form T5), the Board starts from the presumption that the notice was given in bad faith. You can still answer it at the hearing.
A tenant has one year after moving out to file. The Board can order a rent abatement, the difference between their old rent and their new rent for a year, and a fine of up to $50,000 or the Small Claims Court limit, whichever is greater.
N12, N11 or N13?
The three get mixed up. The N11 is an agreement: you and the tenant both sign to end the tenancy on a date you've chosen together. The N12 is for someone moving in. The N13 is for demolition, major repairs or converting the unit to another use, and it comes with its own notice and return rules.
Quick answers
How much notice does an N12 need in Ontario?
At least 60 days, ending on the last day of a rental period (or the last day of a fixed term). Add five days if you mail it.
Do I have to pay the tenant one month's rent with an N12?
Yes, on or before the termination date, unless you offer another unit the tenant accepts. For your own or your family's use, the payment isn't required if you give at least 120 days' notice (notices given on or after September 21, 2026). A buyer's-use N12 always requires it.
Can a company that owns the unit give an N12?
No. Only an individual landlord can give an N12.
When do I file the L2 if the tenant stays?
Any time after you serve the N12, and no later than 30 days after the termination date. Include the declaration or affidavit from the person moving in.
How long does the person have to live there?
For your own or your family's use, at least one year, and they should normally move in within 60 days of the termination date.
Leasing a Toronto unit next?
Whether this one comes back to you or another unit needs a tenant, tell us about it. We'll price it against your own building and put the lease on the right forms from the first day.
Sources: Tribunals Ontario: N12 instructions (updated September 21, 2026), L2 and T5 instructions, Interpretation Guideline 12, and the LTB operational update of September 21, 2026; Ontario.ca, Renting in Ontario: your rights. Current forms are on Tribunals Ontario, and the Landlord and Tenant Board answers questions at 416-645-8080. This guide is general information, not legal advice. nestabode · HouseSigma Inc. Brokerage.