N12/N13 Use Evictions - ND PARALEGAL SERVICES

ONTARIO LAW — RESIDENTIAL TENANCIES ACT

What Are N12 and N13 Notices?

The N12 and N13 are “own use” or “conversion” eviction notices under the Residential Tenancies Act, 2006. Unlike a non-payment eviction, these notices are based not on tenant misconduct but on the landlord’s intention to use the property for a specific purpose — and they come with strict requirements and significant consequences for landlords who act in bad faith.

An N12 is served when the landlord, a purchaser, or a qualifying family member (spouse, child, parent, or related family members of the landlord or spouse) genuinely intends to move into the unit and occupy it for at least one year. Compensation equal to one month’s rent must be paid to the tenant.

An N13 is served when the landlord requires the unit vacant to demolish the building, convert it to non-residential use, or carry out major repairs that require the unit to be vacant and require a permit. Compensation requirements apply.

Key Requirements at a Glance

N12 & N13 must-knows for landlords

N12: 60 days’ minimum notice, termination date must be the last day of a rental period
N13: 120 days’ minimum notice, must have or intend to obtain required permits
Compensation of one month’s rent must be paid before or on the termination date
An L2 application must be filed with the LTB if the tenant does not vacate
The stated reason must be genuine — bad faith evictions carry heavy penalties
Right of first refusal to return may apply in N13 renovations

Comparing the N12 and N13

Understanding which notice applies to your situation — and the specific obligations each one creates — is essential before you serve anything on your tenant.

N12 — Landlord’s Own Use

Who it’s for: The landlord, a purchaser of the property, the landlord’s spouse, child, parent, or a parent or child of the landlord’s spouse.

Notice period: Minimum 60 days. Termination date must be the last day of a rental period or the end of the tenancy term.

Compensation: One month’s rent must be paid to the tenant on or before the termination date.

Key risk: The person moving in must genuinely occupy the unit for at least 12 months. Failure to do so triggers the tenant’s right to compensation and return.

N13 — Demolition, Conversion & Major Renovation

Who it’s for: Landlords who require the unit vacant to demolish the building, convert it to non-residential use, or carry out major repairs requiring a building permit and vacant possession.

Notice period: Minimum 120 days. Termination date must be the last day of a rental period.

Compensation: One month’s rent (or three months’ if the tenant cannot return due to demolition or conversion).

Right of first refusal: For renovation N13s, the tenant has the right to return to the unit at the same rent once the renovations are complete.

Our N12 & N13 Services

Own-use evictions are among the most scrutinized matters at the LTB. Tenants are entitled to challenge them — and bad faith findings carry significant penalties. We prepare landlords meticulously.

Notice Preparation & Review

We prepare your N12 or N13 with the correct notice period, termination date, and compensation details — and review your situation carefully to ensure the notice is legally sound before it is served.

Compensation Advice

We advise on the compensation obligation, the correct method of payment, and how to document that compensation was paid — a critical detail if the matter proceeds to an LTB hearing.

L2 Application Filing

If the tenant does not vacate by the termination date, we file the L2 application for eviction with the LTB and prepare all supporting documentation for the hearing.

LTB Hearing Representation

We appear at your hearing and make submissions supporting the genuineness of the stated purpose — addressing any tenant challenges about bad faith, compensation, or notice validity.

Bad Faith Defence Strategy

If a tenant files a T5 bad faith application, we represent landlords in responding to those claims and defending the legitimacy of the notice and subsequent conduct.

Right of First Refusal Guidance

For N13 renovation matters, we advise landlords on their obligations regarding the tenant’s right of first refusal to return — and help ensure compliance to avoid future liability.

Frequently Asked Questions

Yes. The RTA allows an N12 to be served for the landlord’s child (including adult children), spouse, parent, or the parent or child of the landlord’s spouse. The child must genuinely intend to occupy the unit for at least 12 months. An affidavit from the person who will be moving in is typically required at the LTB hearing.

If the person named in the N12 does not occupy the unit within a reasonable time after the tenant vacates, or occupies it for less than 12 months, the tenant may apply to the LTB for up to 12 months’ rent as compensation for bad faith. The landlord may also face an order for the tenant to return to the unit. This is why it is critical that the stated purpose is genuine before the notice is served.

Under the RTA, a purchaser of a property can have the current owner serve an N12 on their behalf — however, the purchaser must genuinely intend to occupy the unit. The sale must be completed and the purchaser must intend to move in. The LTB will scrutinize the circumstances of purchaser N12s carefully. We advise vendors and purchasers on timing and compliance in these situations.

For a major renovation N13, the work must require a building permit and the work cannot reasonably be done with the tenant in place. The landlord must either already have the permit or have applied for one. The LTB will assess whether the scope of the renovation genuinely requires vacant possession. Not every renovation qualifies — general cosmetic upgrades do not typically meet the threshold.

Yes. A tenant who receives an N12 or N13 can refuse to vacate, requiring the landlord to file an L2 application. At the hearing, the tenant can challenge the genuineness of the stated purpose, whether proper compensation was paid, whether the notice was properly served, and whether the termination date is correct. Tenants can also file a T5 application claiming the notice was served in bad faith.

Yes. Tenants have a statutory right of first refusal to reoccupy the rental unit once major renovations are completed, at the same rent they were previously paying. To exercise this right, the tenant must give written notice before vacating the property and keep the landlord informed of their updated contact details. Failing to offer the unit back to a tenant who properly exercised this right can expose landlords to substantial bad-faith penalties and compensation claims at the LTB.