Last Updated: August 24 2026
In Ontario, what must a landlord properly do to evict a tenant using an N12 for own use?
Olson Craig Legal can help Ontario landlords and tenants understand the proper N12 (own use) eviction steps under the Residential Tenancies Act, 2006 by requiring the landlord to give at least 60 days’ notice termination (per Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 48(2)) and to include the required one-month compensation under s. 48.1 (either one month’s rent or a comparable acceptable alternate rental unit within the complex) when serving the N12 form. A lawyer & paralegals can also help ensure the landlord’s notice and timelines match the Act to reduce delays, disputes, and enforcement risk, so call (226) 886-2001 for guidance.
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What Are the Legal Requirements When a Landlord Is Evicting a Tenant For the Purpose of Reclaiming a Rental Unit for Personal Use Reasons?
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. 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 Olson Craig Legal by phone at: (226) 886-2001 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
In addition to the proper per of notice, as per section 48.1 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, compensation payable to the tenant in an amount equivalent to one (1) month of the usual rent or by the landlord; or, if the tenant prefers, the landlord may provide compensation by way of providing the tenant with occupancy of another rental unit within the rental complex. Specifically, section 48.1 states:
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.
NOTE: A substantial amount of inquiries such as “lawyers near me” or “best lawyer in” typically indicate an urgency for proficient legal assistance rather than a particular title. In Ontario, licensed paralegals operate under the same Law Society that governs lawyers and are permitted to advocate for clients in specific litigation cases. Skills in advocacy, legal reasoning, and procedural expertise are core to this position. Olson Craig Legal provides legal representation within its licensed remit, focusing on strategic planning, evidence preparation, and compelling advocacy designed to secure effective and advantageous outcomes for clients.
