N12 vs N13 in Ontario — when each notice applies (with examples)

Serving a notice to end a tenancy in Ontario is not a one-size-fits-all exercise — the wrong form can get your application thrown out at the Landlord and Tenant Board (LTB), wasting months of time and money. If you need the unit back for personal use or because you're selling, that's the N12. If major renovations or demolition are driving the eviction, that's the N13. Knowing exactly which notice applies — and how to execute it correctly — is the difference between a smooth transition and a costly procedural defeat.

What the N12 and N13 Have in Common

Before diving into the differences, it helps to understand why these two forms sit in the same mental category for most landlords: both are "no-fault" evictions. The tenant has done nothing wrong. You are not alleging non-payment, damage, or illegal activity. The Residential Tenancies Act, 2006 (RTA) draws a firm line between fault-based evictions and no-fault evictions, and the LTB treats them differently as a result.

Both notices also:

Require you to pay the tenant one month's compensation equal to one month's rent (RTA, s. 48.1 for N12; s. 54 for N13) before or on the termination date

Trigger a mandatory 60-day notice period (s. 48(2) for N12 personal use; longer timelines apply for N13 in some circumstances — more below)

Cannot set a termination date that falls before the last day of a rental period

• Allow the tenant to dispute the notice by filing with the LTB, putting the burden on you to prove good faith at a hearing

Neither notice is a self-executing eviction. If the tenant does not vacate, you must file an Application to End a Tenancy (Form L2) with the LTB and attend a hearing.

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The N12: End of Tenancy for Landlord's or Purchaser's Own Use

The N12 is governed primarily by sections 48 and 49 of the RTA. It covers three distinct scenarios — each with slightly different rules.

Scenario 1 — Landlord or Landlord's Family Wants to Move In (s. 48)

You can serve an N12 if you, your spouse, your child, your parent, or your spouse's child or parent intends to occupy the unit as their principal residence. The key word is intends — you must have a genuine, good-faith plan at the time you serve the notice.

Practical example: You own a duplex in Hamilton. Your adult daughter is finishing university in April and needs a place to live. You serve the N12 in January, with a termination date no earlier than 60 days away and no earlier than the last day of the February rental period. You pay the tenant one month's compensation by the termination date. Your daughter must actually move in — if she changes her mind and you re-rent the unit at a higher rent, the former tenant can file a complaint under section 57 of the RTA (bad faith application), and the LTB can order up to 12 months' rent as a remedy.

Scenario 2 — Purchaser Intends to Occupy (s. 49)

If a buyer of your property wants to move in (or their immediate family does), you can serve the N12 on the buyer's behalf after you have entered into an Agreement of Purchase and Sale. The same 60-day minimum notice and one-month compensation rules apply. If the deal falls through and the unit is re-rented, a bad-faith complaint is very possible.

Scenario 3 — Demolition, Conversion, or Repairs Disguised as Personal Use

Do not try to use an N12 when what you actually need is an N13. The LTB adjudicators are experienced at spotting this — if the real reason for the eviction is that the building is being torn down, converted to condos, or gutted for renovations requiring vacant possession, you need the N13. Using the wrong form gives the tenant grounds to dismiss the application outright.

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The N13: End of Tenancy for Demolition, Conversion, or Extensive Repairs

The N13 is governed by sections 50 and 51 of the RTA. There are three grounds:

Demolition — the entire rental unit (or building) is being demolished

Conversion — the unit is being converted to a use other than residential (e.g., commercial space)

1. Extensive repairs or renovations — the work is so extensive that it requires a building permit and vacant possession of the unit to carry it out safely

For most N13 notices, you must give at least 120 days' notice (s. 50(2)), ending on the last day of a rental period. This is double the N12 timeline, and many landlords are surprised by it.

Critical right of first refusal: Under section 53 of the RTA, a tenant receiving an N13 for renovations (not demolition or conversion) has the right to move back into the unit when the work is complete, at the same rent they were previously paying. You must advise the tenant of this right in writing. If you fail to honour it, the tenant has a remedy under section 57.

Practical example: You own a Victorian triplex in Toronto. The basement unit has significant structural issues. Your contractor tells you the work requires a permit and the tenant must vacate for at least four months. You serve an N13 with 120 days' notice, pay one month's compensation, and provide the right-of-first-refusal notice. The tenant may elect to return. If they do, you cannot re-rent to someone else or charge a higher rent when the unit is ready.

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Compensation Rules: N12 vs N13 Side by Side

Both forms require one month's rent compensation, but the timing and mechanics are worth spelling out clearly.

N12 (s. 48.1 / 49.1): Compensation must be paid to the tenant on or before the termination date in the notice. You can pay by cheque, e-transfer, or by offering to waive one month's rent. If you haven't paid by the termination date, you cannot file the L2 application.

• N13 (s. 54): Same one-month rule, same deadline. However, if the tenant exercises the right to return under s. 53 and you fail to honour it, additional remedies stack on top of the basic compensation.

Failing to pay compensation is one of the most common reasons an L2 application is dismissed at the LTB. Keep a clear paper trail — a screenshot of an e-transfer confirmation or a signed receipt from the tenant is worth keeping in your records.

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Common Mistakes That Get N12 and N13 Applications Dismissed

Getting the form right is only half the battle. Here are the pitfalls that trip up even experienced landlords:

Wrong termination date. The date must be at least 60 days away (N12) or 120 days away (N13) and must fall on the last day of a rental period. If the tenant pays rent monthly on the first, the termination date must be the last day of a month, not a random date mid-month.

Serving on a tenant in a rent-controlled unit and immediately re-renting above guideline. This is nearly automatic evidence of bad faith under s. 57 and can result in orders to pay significant damages.

No building permit for N13 renovation evictions. The LTB requires proof that a permit was obtained or applied for. "We're planning to get one" is not sufficient at a hearing.

Using the N12 when the intended occupant is not a qualifying family member. A sibling's child (niece or nephew) does not qualify under s. 48. A cousin does not qualify. Re-read the list: landlord, spouse, child, parent, or spouse's child or parent.

Failing to disclose the right of first refusal on an N13 for renovations. This omission doesn't just expose you to a complaint — it may be raised at the hearing to challenge your good faith.

• Filing the L2 too early. You cannot file the L2 application until after the termination date has passed and the tenant has not vacated. Filing before the termination date will result in the application being returned.

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What Happens at the LTB Hearing

If the tenant disputes the N12 or N13 and you file an L2, the hearing will focus on good faith. For an N12, you need to demonstrate that the intended occupant genuinely plans to live in the unit. Bring evidence: a statutory declaration from the family member, proof of their current address, correspondence about their housing plans.

For an N13, you need to bring your building permit (or application), your contractor's scope of work, and evidence that the work genuinely requires vacant possession. An adjudicator who sees a permit for minor cosmetic work — new flooring and paint — will not be persuaded that vacant possession is truly necessary.

Tenants are not without options. Under section 83, the LTB has broad discretion to refuse or delay eviction even when a landlord proves their case, particularly if the tenant would face significant hardship. Come to the hearing prepared for that argument.

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Bottom Line

The N12 and N13 are powerful tools in a landlord's legal toolkit, but they come with real obligations — 60-day or 120-day notice windows, mandatory compensation, good-faith requirements, and in the case of renovations, a tenant's right to return. Getting the paperwork, timelines, and compensation right before you file is far cheaper than losing an LTB hearing or defending a bad-faith complaint under section 57. If you manage multiple Ontario properties, tracking these deadlines and documentation requirements in purpose-built property management software will save you from expensive procedural errors before they happen.