Last Updated: August 22 2026
What notice and compensation are required for an Ontario landlord to evict a tenant using an N12 for own use?
In Ontario, a landlord seeking to end a tenancy for personal use must serve a properly completed N12 notice (Section 48 of the Residential Tenancies Act, 2006) with a termination date at least 60 days after the notice is given (“Residential Tenancies Act, 2006”, S.O. 2006, c. 17, s. 48(2)). The landlord must also provide compensation equal to one month’s rent or offer another acceptable rental unit if the tenant prefers (“Residential Tenancies Act, 2006”, S.O. 2006, c. 17, s. 48.1). For help confirming the N12 details, timing, and compensation steps, contact Benchmark Legal Offices (paralegals and lawyers’ office serving Ontario) at (289) 389-8840.
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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 must issue a properly completed N12 Form to provide appropriate eviction notice to a tenant when the landlord wishes to take back a rental unit for the personal use of the landlord or for the personal use by close family member of the landlord. 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.
Note: Please contact Benchmark Legal Offices by phone at: (289) 389-8840 to discuss any specific questions that you may have.
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.
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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.
NOTE: A considerable number of inquiries featuring “lawyers nearby” or “top lawyer in” typically indicate a pressing need for competent legal counsel instead of a specific designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in certain legal proceedings. Skills in advocacy, legal reasoning, and procedural expertise are fundamental to this position. Benchmark Legal Offices provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and assertive advocacy directed towards securing prompt and beneficial outcomes for clients.
