5 Steps to Evict a Tenant for Personal Use in Ontario (N12)
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If you’re here because you need to reclaim your rental property for personal use in Ontario, you’re in the right place. It’s crucial to start the eviction process as soon as possible. Evicting a tenant for personal use in Ontario involves specific legal steps, and we’re here to guide you through it.
This article will walk you through everything you need to know about evicting a tenant for personal use in Ontario. We’ll cover each step in detail and address all your concerns by the end. If the process seems daunting, remember that our team at Sturino Walker Legal is ready to support you every step of the way.
Let’s work together to get you back in your home.
Understanding how to Evict a Tenant for Personal Use Ontario
Evicting a tenant for personal use means that the landlord intends to use the rental unit for themselves, their family members, or someone who will provide care services to them. This reason for eviction is legitimate but requires the landlord to follow precise legal steps to avoid disputes and potential legal challenges.
Legal Requirements for Evicting a Tenant for Personal Use
The Residential Tenancies Act specifies that landlords must provide tenants with a Notice to End your Tenancy for Landlord’s or Purchaser’s Own Use (Form N12). This notice must be given with at least 60 days’ notice before the end of the lease term. Note that the date of termination must coincide with the end of the term or the end of a rental period.
1. Issuing Form N12:
This form must state that the landlord or a close family member intends to occupy the unit for at least one year. Falsely claiming this need can lead to penalties under the Residential Tenancies Act.
2. Compensation:
You must pay the tenant one month’s rent, or offer another acceptable unit, before the termination date. One exception now applies. If you give at least 120 days’ notice for your own or a family member’s use, no compensation is required. The exception covers N12 notices given on or after September 21, 2026. It does not apply when a purchaser needs the unit.
3. Documentation and Proof:
Landlords should keep thorough documentation of their intentions to move into the unit. This can include plans for moving in, correspondence related to the move, and other relevant documents. This can be important if the tenant disputes the eviction.
Steps to Evict a Tenant for Personal Use Ontario
If the tenant disagrees with the eviction or refuses to leave, the landlord may need to file an application with the Landlord Tenant Board for a hearing. During the hearing, both parties can present their case, and the Board will make a decision based on the evidence provided.
1. Issue the Proper Notice:
The Form N12 Notice is the official “Notice to End your Tenancy For Landlord’s or Purchaser’s Own Use.” You must give this to your tenant at least 60 days before the lease ends, aligning with the end of the rental period or lease term.
2. Provide Compensation to the Tenant:
Pay one month’s rent, or offer another acceptable unit, before the termination date. Skip this step only if your N12 gives at least 120 days’ notice. That exception applies to notices given on or after September 21, 2026, for your own or a family member’s use.
3. Filing the Application:
After serving the N12 notice, the landlord must file an application to the Landlord Tenant Board to obtain an order to evict. The Application for this type of Notice is an L2 Application.
4. Preparing for the Hearing:
Collect all necessary documents and evidence supporting the claim of needing the unit for personal use. This includes communication with the tenant, the N12 notice, and any proof of your need to use the property personally.
5. Attending the Hearing:
During the hearing, present your case clearly and professionally. It’s advisable to seek legal advice or representation, especially in complex cases. Call 905-738-7171 to talk through your case before the hearing.
The N12 Form in Brief
The N12 ends a tenancy so you, a family member, or a purchaser can move in. The termination date must be at least 60 days after you serve it. It must also fall on the last day of a rental period or lease term. The person moving in must intend to live there for at least one year.
Form errors are the most common reason the LTB dismisses an L2. Our complete N12 form guide walks through every field, the date math, and the service rules. Use the current N12 form, released by the LTB on September 21, 2026. Call 905-738-7171 if you want us to check your notice before you serve it.
Common Questions About how to Evict a Tenant for Personal Use Ontario:
Can you evict a Tenant for a family member to move in?
Yes, landlords in Ontario can evict tenants if they or their immediate family members (including parents and children) plan to occupy the unit. The same process and forms apply.
What is the notice period to evict a tenant for personal use Ontario?
The notice period is at least 60 days after you give the Tenant the N12 Notice. The termination date must coincide with the end of the lease term or the rental period.
What happens if you don’t give 60 days notice in Ontario?
If an Ontario landlord fails to give a 60-day notice for termination, several legal repercussions could follow. Under the Residential Tenancies Act, the tenant is not required to vacate without proper notice. If you were to file the application without giving 60 days’ notice, it would be dismissed in court
How much money does a Landlord have to give a Tenant to move out?
In Ontario, when a landlord wants to evict a tenant for personal use Ontario, the landlord is legally required to provide one month’s rent compensation to the tenant. The payment must be given to the tenant before the termination date specified in the eviction notice. This financial requirement is intended to assist the tenant in covering moving expenses or the increased cost of new accommodations. This rule ensures a fair transition for tenants who need to vacate a property so that landlords can use it for their own purposes or for their immediate family members. There is one exception. If your N12 gives at least 120 days’ notice for your own or a family member’s use, you owe nothing. This applies to notices given on or after September 21, 2026.
What eviction notice do I use to Evict a Tenant for Personal Use Ontario?
To evict a tenant for personal use Ontario, landlords must use Form N12, titled “Notice to End your Tenancy For Landlord’s or Purchaser’s Own Use.” Download the N12 form directly from the Landlord Tenant Board.
What should a landlord do if a tenant refuses to vacate after the notice period?
If a tenant refuses to vacate after the N12 notice period, the landlord should apply to the Landlord Tenant Board. Here, the Landlord can obtain an eviction order. The sheriff will enforce this order if necessary.
Can you evict a Tenant without a lease in Ontario?
Yes. Even without a written lease, a landlord tenant relationship exists in Ontario as long as rent has been exchanged. Under the Residential Tenancies Act, verbal and implied tenancy agreements are legally binding, and the same eviction rules apply. If a previous lease has expired and the tenant is now month-to-month, all the original lease terms continue to apply. To evict a tenant without a lease for personal use, you must still serve the N12 notice with at least 60 days’ notice, provide one month’s rent compensation (unless you give at least 120 days’ notice), and file an L2 application with the Landlord Tenant Board if the tenant does not leave. The process is identical whether there is a written lease or not.
Is a text message considered written notice in Ontario?
No. A text message is not considered valid written notice under the Residential Tenancies Act for the purpose of serving eviction notices. The Landlord Tenant Board requires that notices be served using specific methods: personal delivery to the tenant, delivery to another adult in the rental unit, sliding the notice under the door, leaving it in the mailbox, courier, fax, or regular mail. You cannot serve an N12 notice by text message, email (unless the lease specifically permits email service), or by taping it to the door. Using an invalid service method can result in your notice being challenged and your application being dismissed at the LTB hearing.
Learn more about how a Landlord can evict a Tenant in Ontario by reading our article “13 Reasons to Evict a Tenant in Ontario”
Related Articles:
- 7 Essential Steps to Complete the N12 Form in Ontario
- 13 Reasons to Evict Your Tenant in Ontario
- Landlord Legal Services Ontario
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