The N12 and N13 are the two most commonly misused eviction forms in Ontario — and the two that expose landlords to the biggest penalties for bad faith. An N12 lets a landlord reclaim a unit for their own use; an N13 allows eviction for demolition, conversion, or extensive renovation. Both come with strict rules, mandatory compensation, and serious consequences if you get them wrong. Here's exactly how both work in 2026.
The N12 is a notice under Section 48 of the Residential Tenancies Act (RTA). It allows a landlord — or the purchaser of a property — to end a tenancy so that the unit can be lived in by the landlord, their spouse, child, parent, or a caregiver for any of those people.
| N12 — key facts | Requirement |
|---|---|
| Notice period | At least 60 days, ending on the last day of a rental period |
| Compensation payable | One month's rent, paid by the termination date |
| Who files at LTB | Landlord files L2 application after serving N12 |
| Tenant's right | Can wait for a hearing (does not have to move out on the date) |
The N13 is a notice under Section 50 of the RTA. It's used when a landlord plans to demolish the unit, convert it to non-residential use, or carry out renovations so extensive that the tenant must leave (e.g., requiring a building permit and vacant possession).
You intend to tear the building down. Requires proof of intent (permits, plans, contracts). Compensation: 3 months' rent or an equivalent alternative unit.
You plan to convert the unit to office, commercial, or other non-residential use. Compensation: 3 months' rent or an equivalent unit.
Renovations so substantial they require a building permit and the unit must be vacant (e.g., replacing all plumbing and electrical, structural work). Crucially: the tenant has a right of first refusal to move back at the same rent once work is complete.
| Scenario | Notice period | Compensation |
|---|---|---|
| Demolition | 120 days | 3 months' rent OR equivalent alternative unit |
| Conversion | 120 days | 3 months' rent OR equivalent alternative unit |
| Extensive renovation | 120 days | 3 months' rent OR equivalent unit, plus right of first refusal |
Key distinction: A renovation that requires a permit but does not require the tenant to leave does not justify an N13. Many landlords wrongly issue N13s for cosmetic upgrades. That's a fast route to a dismissed application and a bad faith finding.
Compensation is mandatory and non-negotiable. For an N12, you owe one month's rent. For an N13, you owe three months' rent (or an acceptable alternative unit). Get this wrong and the LTB will dismiss your application outright.
One month's full rent, paid by the termination date on the notice. Even if the tenant leaves early, you still owe the full month.
Three months' rent, OR offer an alternative unit acceptable to the tenant. Must be paid by the termination date.
A "bad faith" eviction occurs when a landlord issues an N12 or N13 but doesn't follow through — for example, re-renting the unit three months after an N12 "for my daughter," or never actually renovating after an N13. The consequences are severe and getting stricter.
| Remedy | Typical amount / rule |
|---|---|
| General compensation | Up to 1 year of rent (the former tenant's rent) |
| Moving & storage costs | Full reimbursement of documented expenses |
| Rent differential | Difference between old and new rent for up to 1 year |
| Administrative fine | Up to $50,000 payable to the LTB (corporate landlords can face more) |
Common bad faith red flags the LTB looks for: re-listing the unit for rent within 12 months, advertising at a higher rent shortly after eviction, "selling" to a family member who never moves in, or an N13 renovation that never starts. The LTB is increasingly aggressive in awarding maximum remedies.
Serving the notice is only the first step. A tenant is not required to move out by the termination date — only the Landlord and Tenant Board can order an eviction. Here's the full path.
N12 and N13 applications are the highest-stakes paperwork in Ontario landlording — a single error can cost you up to a year's rent. Ottawa Prime Properties manages the entire process for our clients across Ottawa and the surrounding area.
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