An N12 is a landlord's notice to end your tenancy because the landlord, a buyer, or a close family member or caregiver will move in. An N13 is for demolition, conversion to non-residential use, or renovations so big they need a building permit and an empty unit. Neither is an eviction order: you can stay until the Landlord and Tenant Board (LTB) decides, you're usually owed compensation, and if the landlord acted in bad faith, you can claim with a Form T5.
The rules shifted on September 21, 2026, so older articles may be out of date. Here's how both notices work now.
Key takeaways
- N12 notice: at least 60 days, ending on the last day of a rental period or fixed term.
- N13 notice: at least 120 days, same end-of-period rule.
- N12 compensation: one month's rent or another acceptable unit, unless an own-use notice served on or after September 21, 2026 gives at least 120 days.
- N13 compensation: one or three months' rent depending on building size, adjusted if you plan to move back.
- You don't have to leave because of the notice alone. You can leave early with 10 days' notice on Form N9.
- Bad faith? File a T5. For own-use N12s, bad faith is now presumed if nobody moves in within 60 days.
This article is general information, not legal advice. For your situation, contact the Landlord and Tenant Board or a community legal clinic (Legal Aid Ontario can refer you to one at 1-800-668-8258).
What changed on September 21, 2026
Amendments from Bill 60 and Bill 97 changed several no-fault eviction rules:
| Rule | Now |
|---|---|
| Own-use N12 compensation | Not required if the notice gives 120+ days and ends at the end of a period or term (notices served on or after September 21, 2026) |
| Own-use N12 move-in | Bad faith presumed if the named person doesn't move in within 60 days |
| N13 right of first refusal | Landlord must give written completion dates and at least 60 days to move back |
| T5 for refusing your return | Deadline is the later of two years after you move out or six months after the work is done |
| Delaying an eviction | For N12 and N13 cases, the LTB can delay an eviction if it wouldn't be unfair to the landlord or other tenants |
Old versions of the N12, N13 and T5 forms are no longer accepted as of November 30, 2026.
N12: landlord's or purchaser's own use
Who can move in
An N12 can only be served for:
- the landlord
- the landlord's spouse
- a child or parent of the landlord or the landlord's spouse
- a caregiver for one of those people, if the person receiving care lives or will live in the building
Siblings, grandchildren, cousins, aunts and uncles don't qualify. Only individual landlords can use an own-use N12; a corporation can't.
The person must genuinely intend to live there for at least one year. Part-time use, an office, or leaving the unit empty doesn't count. The landlord must also file a sworn affidavit or declaration from the person who will move in.
Sale to a buyer
A landlord who has signed an agreement of purchase and sale can serve an N12 for the buyer's use (or the buyer's spouse, child, parent or caregiver), but only if the building has three or fewer units, or the unit is a condo.
Notice period
The termination date must be at least 60 days after you get the notice and must fall on the last day of a rental period or fixed term. For example, if you pay monthly on the 1st and get the notice on January 20, the earliest valid date is March 31. A notice with the wrong date is defective and can't be fixed later.
Compensation
| N12 type | What the landlord owes |
|---|---|
| Own use, under 120 days' notice | One month's rent or another acceptable unit, by the termination date |
| Own use, served on or after Sept 21, 2026 with 120+ days' notice | Nothing required |
| Purchaser's use (any notice length) | One month's rent or another acceptable unit, paid by the landlord who served it |
The LTB can't evict you on an N12 or N13 until any required compensation is paid. Compensation can also be a clearly stated rent waiver for a specific month, given before the termination date.
N13: demolition, conversion or major renovations
A landlord can serve an N13 to demolish the unit, convert it to a non-residential use, or do repairs or renovations so extensive that they need a building permit and vacant possession. Work that doesn't need a permit, or that can be done while you live there, doesn't qualify. The LTB has also found that turning a unit into an Airbnb isn't a conversion to non-residential use.
At the hearing, the landlord must show they have the permits, or have taken all reasonable steps and the permits can't be issued until you leave.
Notice period
At least 120 days, ending on the last day of a rental period or fixed term.
Toronto's renovation licence
In Toronto, the Rental Renovation Licence Bylaw requires landlords to get a City licence before renovations that need tenants to leave under the N13 process. Licence conditions include notifying tenants and arranging temporary accommodation or monthly rent-gap payments for tenants who are returning, or compensation for tenants who aren't. The LTB treats a required municipal licence as an approval the landlord must have before an eviction order. If you get an N13 in Toronto, use the City's Renovation Rights Assessment Tool or call the Federation of Metro Tenants' Associations hotline at 416-921-9494.
Compensation
No compensation is owed if the landlord was ordered to do the work or demolish. Otherwise:
| Situation | 5 or more units | Fewer than 5 units |
|---|---|---|
| Demolition or conversion | 3 months' rent or another acceptable unit | 1 month's rent or another acceptable unit |
| Renovation, you're not returning | 3 months' rent or another acceptable unit | 1 month's rent or another acceptable unit |
| Renovation, you are returning | Rent for the lesser of 3 months or the renovation period | Rent for the lesser of 1 month or the renovation period |
Your right to move back
After a renovation N13 (not demolition), you have a right of first refusal:
- Before you move out, tell the landlord in writing that you want to return.
- Keep the landlord updated in writing whenever your address changes.
- Your rent on return can be no more than the landlord could have charged without the interruption.
If you gave written notice on or after September 21, 2026, the landlord must tell you in writing, without delay, the estimated completion date, any change to it, and when the unit is ready. For units ready on or after that date, you get at least 60 days to move back in.
When you get an N12 or N13: what to do
- Check the notice. Right form, right person (N12), right reason, right termination date.
- Note the deadlines. The landlord must file an L2 application no later than 30 days after the termination date, or it's dismissed.
- Decide whether to stay or go. If you want to leave sooner, give 10 days' written notice on an N9.
- Make sure you're paid. Compensation is due by the termination date. If it never comes, claim it with a T1 or as part of a T5.
- For an N13, send your right-of-first-refusal letter before moving if you might want to return.
- Keep paying rent while you stay.
- Go to the hearing if one is scheduled. The LTB must consider whether to refuse or delay the eviction based on all the circumstances.
If the LTB later dismisses the landlord's application after you've been paid, you may have to give the compensation back.
Bad-faith evictions and the T5 application
A Form T5 is how a former tenant asks the LTB to rule that an N12 or N13 was given in bad faith.
When it applies
- You moved out because of the notice, or an application or order based on it, and
- the named person didn't move in, or the work didn't happen, within a reasonable time.
Presumptions that help tenants
For an own-use N12, bad faith is presumed (the landlord can try to prove otherwise) if:
- the named person didn't move in within 60 days of the termination date, or of your move-out if you left later, for T5s filed after September 21, 2026; or
- between your notice and one year after you moved out, the landlord advertised the unit for rent or sale, rented it to someone else, demolished it, or took steps to convert it.
Deadlines and fee
| T5 type | Deadline |
|---|---|
| Bad-faith N12 or N13 | One year after you moved out |
| Landlord refused your right to move back | Later of two years after you moved out or six months after the work was done |
The fee is $53, or $48 on the Tribunals Ontario Portal.
What the LTB can order
- The extra rent you pay at your new place, for up to one year
- Reasonable moving, storage and similar costs
- General compensation of up to 12 months of your last rent, even without receipts
- A rent abatement
- An administrative fine
- In some cases, an order letting you move back in
Giving a notice in bad faith to get possession is also an offence. Maximum fines are $100,000 for individuals and $500,000 for corporations.
Gather evidence early: listing screenshots, mail addressed to the unit, photos, and what neighbours saw. Our guide to LTB tenant applications explains how to file and prepare.
If you rent with roommates
If you're all on one lease, the notice and any eviction application should name every tenant on it, and the compensation is one month's (or three months') rent for the unit, not per person. Agree early on how you'll split it and whether you'll move together. If you rent a room from the owner and share their kitchen or bathroom, the RTA usually doesn't apply at all; see living with your landlord in Ontario.
Bottom line
An N12 or N13 starts a process; it doesn't end your tenancy on its own. Check the dates, make sure compensation arrives on time, send your right-of-first-refusal letter for renovations, and keep an eye on the unit after you leave. The 2026 presumptions make bad-faith claims easier to prove.
If you do need to move, finding the next place as a group can be easier. On ColivEase, roommates can form a team and apply to a whole home together, and matching is based on area and commute, budget, move-in date, student or worker status, gender preference and shared language. Start on ColivEase, and use our moving-out checklist to plan your exit.
Frequently asked questions
Do I have to move out when I get an N12 or N13?
No. An N12 or N13 is only a notice. If you stay, your landlord must apply to the Landlord and Tenant Board and prove their case at a hearing, and only an LTB eviction order enforced by the Sheriff can remove you. You can also choose to leave earlier by giving 10 days' written notice on Form N9.
Does my landlord still have to pay me one month's rent for an N12?
Usually yes, by the termination date. The exception: for a landlord's own-use N12 served on or after September 21, 2026, no compensation or alternative unit is owed if the notice gives at least 120 days and ends on the last day of a rental period or fixed term. Purchaser N12s always require one month's rent.
How much compensation do I get for an N13 renovation eviction?
It depends on building size and whether you plan to return. In a building with five or more units, it's three months' rent, or another acceptable unit. With fewer than five units, it's one month. If you've told the landlord in writing you'll move back, it's the lesser of that amount and the rent for the time the work actually takes.
What happens if my landlord doesn't move in after an N12?
You can file a Form T5 within one year of moving out. Since September 21, 2026, bad faith is presumed if the person named on the notice doesn't move in within 60 days of the termination date or your move-out. The LTB can award rent differences for a year, moving costs and up to 12 months' rent as general compensation.
Can I move back in after renovations under an N13?
Yes, if you tell the landlord in writing before you move out and keep them updated on your address. Your rent must be no more than what the landlord could have charged without the interruption. The landlord must keep you informed of completion dates and give you at least 60 days to move back once the unit is ready.
Sources
- LTB Operational Update: Legislative changes effective September 21, 2026
- LTB Interpretation Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion
- Residential Tenancies Act, 2006 (Ontario e-Laws)
- Government of Ontario: Renting in Ontario, your rights
- City of Toronto: Rental Renovation Licence Bylaw
- LTB: Forms, filing and fees
