The Situation
You arrive home to find an official-looking letter in your mailbox. It's an N12 notice from your landlord. It says they want you out in 60 days. The reason: "for personal use by the landlord."
Your stomach drops. But wait—your landlord doesn't live in the building. They own a corporation and rent it out. How can they want it for "personal use"? Something smells off.
You have rights. An N12 isn't a lock-out. The LTB will review the notice. If your landlord is lying about wanting to occupy the unit, you can fight the eviction.
This walkthrough shows you how to verify the notice, understand your rights, and protect yourself at the LTB hearing.
Is the Notice Valid
First, check if the notice meets the legal requirements. An invalid N12 is worthless.
Requirement 1: 60 Days Notice
The N12 must give you exactly 60 days notice before the termination date. Check the date the notice says tenancy will end. Is it 60+ days from when you received it?
Requirement 2: Proper Form
The notice must use the official N12 form prescribed by the Ministry of the Attorney General. Handwritten notes or informal letters don't count. Check the form number and format.
Requirement 3: Served Properly
The notice must be served on you personally, by email, by registered mail, or by another prescribed method. It can't just be taped to the door without other service.
Requirement 4: Genuine Personal Use
The landlord must genuinely intend to occupy the unit. This is the critical requirement. If the landlord is lying, the eviction is bad faith.
Your Situation
Your landlord owns a corporation and has never lived in the building. This raises a red flag about genuine personal use intent. The LTB will scrutinize this claim carefully.
Your Rights
Even if the N12 is technically valid, you have important rights:
Right 1: You Cannot Be Evicted Without an LTB Order
The N12 is just a notice. It does NOT evict you. You can only be evicted if the LTB issues an order, and even then, a sheriff must enforce it. You have time to prepare.
Right 2: You're Entitled to One Month's Rent Compensation
Under RTA s.48, if your landlord is evicting you for personal use, they must pay you one month's rent as compensation. This is mandatory.
Right 3: You Can Challenge the Eviction at the LTB
You have the right to a hearing before the LTB. You can present evidence that your landlord's claim is false (bad faith).
Right 4: Bad Faith Evictions Can Be Reversed
If you prove the landlord doesn't actually want to occupy the unit, the LTB can dismiss the eviction and you stay. If the landlord re-rents to someone else soon after, that's bad faith.
Do NOT Leave the Unit Without an LTB Order
Do not assume the eviction is valid. Do not move out based on the N12 alone. If you move out, you lose your right to challenge the eviction. Stay put and defend yourself at the LTB.
Requesting Proof
Before the LTB hearing, request information from your landlord. This helps you prepare your defense.
Sample Letter to Landlord
To: [Landlord Name]
Re: Request for Information re: N12 Notice
Dear [Landlord Name],
I received your N12 notice dated [date]. Before the LTB hearing, I am requesting the following information:
1. Who specifically intends to occupy the unit? (Your name? A family member? If so, who?)
2. What is your current address and living situation?
3. When do you intend to move into the unit?
4. How long do you intend to occupy the unit?
5. Have you listed this unit for rent or sale?
6. Is there any other tenant currently leasing this unit or any part of it?
Please provide written answers to these questions within 10 days.
Sincerely,
[Your Name]
Send by email or registered mail. Their answers (or lack thereof) help you at the hearing.
Why This Matters
If your landlord can't clearly identify who will occupy the unit or when, that's bad faith. This evidence will help your case.
The LTB Hearing
Your landlord will file with the LTB, and you'll receive a Notice of Hearing. This is your chance to defend yourself.
At the Hearing
Your landlord will testify about their intent to occupy. You can:
- Ask questions to expose inconsistencies
- Present evidence that contradicts their claim
- Introduce documents (e.g., your landlord's current home address, lease listings)
Questions to Ask Your Landlord
- Where do you currently live?
- When exactly do you plan to move into this unit?
- Will you be living in the unit alone, with family, or with others?
- How long do you intend to occupy it?
- Is this unit listed for rent or sale on any listing site?
- Have you offered this unit to any other tenants?
Evidence to Bring
- Screenshots of the unit listed on Airbnb, Kijiji, or rental sites
- Proof that your landlord owns the building via a corporation (not personally)
- Your landlord's current address or lease in another location
- Communications where your landlord implied they'd re-rent the unit
- Evidence of the rent for this unit rising after you vacate (if applicable later)
The Adjudicator's Role
The adjudicator will assess whether your landlord genuinely intends to occupy the unit. If they're skeptical, they'll dismiss the application. The burden is on your landlord to prove genuine intent.
If It Was Bad Faith
If you win and the eviction is dismissed as bad faith, you stay in the unit. But there's more you can do.
Bad Faith Indicators
The LTB considers these signs of bad faith:
- Landlord re-rents the unit to a new tenant at a higher rent soon after your eviction
- Landlord lists the unit for rent immediately after you leave
- Landlord's testimony is inconsistent or evasive
- No evidence of genuine personal use intent
- History of previous N12s served to other tenants
Compensation for Bad Faith Eviction
If the LTB finds bad faith, you may be entitled to:
- Moving costs and rent differential (if you had to move)
- Compensation for stress and inconvenience
- In some cases, punitive damages against the landlord
Key Takeaways
- An N12 is not an eviction. You have the right to fight it.
- You're entitled to one month's rent as compensation if evicted for personal use.
- Challenge bad faith evictions at the LTB with evidence.
- Do not leave the unit without an LTB order.
- If your landlord re-rents after evicting you, that's proof of bad faith.
- Consider hiring a paralegal or lawyer; N12 disputes are worth fighting.