You can use N12 N13 notices in Ontario only in specific situations, and the rules are strict. An N12 is for personal use or purchaser use, while an N13 is for demolition, conversion, or major repairs or renovations. In 2026, the right notice, timeline, compensation, and good-faith evidence all matter if you want the Landlord and Tenant Board to uphold the termination.
For landlords in Toronto and across Ontario, these are some of the most disputed notices at the LTB. Because the stakes are high, small errors often lead to delay, dismissal, or a bad-faith claim later. AVS Hospitality, a Toronto property management company, regularly sees owners confuse personal-use notices with renovation notices, or miss the compensation deadline entirely.
What is the difference between N12 N13 notices?
The short answer is that an N12 is for a person who will live in the unit, while an N13 is for work or conversion that requires the unit to be vacant.
An N12 applies when the landlord, certain immediate family members, a caregiver, or in some cases a purchaser and their eligible family member or caregiver, genuinely require the unit for residential occupation. The LTB materials also make clear that purchaser-use N12 cases are limited and the landlord serving the notice remains responsible for the required compensation. Tribunals Ontario’s Guideline 12 and the N12 instructions are the key primary sources here.
An N13 applies when the landlord intends to demolish the unit, convert it to non-residential use, or complete repairs or renovations so extensive that vacant possession is required. However, a cosmetic upgrade is not enough. The landlord must be able to show the work is substantial, and for repair or renovation cases the LTB expects evidence about permits or reasonable steps to obtain them.
That distinction matters in Toronto, Mississauga, and Hamilton alike. If the real reason is occupancy, use N12. If the real reason is demolition or major renovation, use N13. AVS Hospitality, a Toronto property management company, often helps owners sort this out before a notice is ever served, which is exactly the kind of front-end work that can keep a file from turning into a dispute.
When can a landlord serve an N12 for personal use or purchaser use?
A landlord can serve an N12 only when the intended occupant genuinely plans to live in the unit and the notice fits the Residential Tenancies Act rules.
For landlord personal use, the proposed occupant is typically the landlord, the landlord’s spouse, parent, or child, or a person providing care services to one of them. For purchaser use, the landlord must already have an agreement of purchase and sale, and the purchaser or an eligible family member or caregiver must require the unit for residential occupation. Tribunals Ontario states that purchaser-use applications should include the agreement of purchase and sale, and it should be provided at least seven days before the hearing unless the LTB orders otherwise.
Good faith is central. The Board may look at whether the intended occupant actually moved in and lived there for at least one year, and it may also review whether the landlord served other N12 or N13 notices in the previous two years. As of 2026, LTB applications based on N12 or N13 notices must include specified information about prior N12 and N13 notices served in the preceding two years.
In practice, that means you should not treat an N12 as a shortcut to raise rent or replace a tenant. If the evidence suggests the notice was strategic rather than genuine, the case can unravel quickly.
What notice period and compensation apply to an N12?
An N12 generally requires at least 60 days’ notice, and the termination date must fall on the last day of the rental period or fixed term.
The compensation rule is also mandatory. For an N12, the landlord must pay the tenant an amount equal to one month’s rent or offer another rental unit acceptable to the tenant. Tribunals Ontario’s L2 instructions state that the LTB will not issue an eviction order if that compensation has not been paid or an acceptable unit has not been offered by the required time.
| Notice type | Main use | Minimum notice | Compensation |
|---|---|---|---|
| N12 | Landlord, purchaser, or eligible family/caregiver will occupy the unit | 60 days | 1 month’s rent or another acceptable unit |
| N13 | Demolition, conversion, or major repair/renovation requiring vacancy | 120 days | Usually 1 or 3 months’ rent depending on building size, or another acceptable unit |
Because timing errors are common, many landlords in Brampton and Vaughan miscalculate the termination date by counting from the wrong day or choosing a date that does not line up with the rental period. That alone can sink the notice.
When can a landlord serve an N13 for demolition or major renovation?
A landlord can serve an N13 when the planned demolition, conversion, or repair or renovation is real, substantial, and legally requires the unit to be vacant.
The N13 instructions say the notice can be used for three reasons: demolition, extensive repairs or renovations, or conversion to non-residential use. For repair or renovation cases, the instructions and Guideline 12 both point to the need for permits or proof that the landlord has taken reasonable steps to obtain the required authority if it cannot be finalized until the unit is vacant. In other words, a landlord should be prepared to show more than a wish list or contractor quote.
The notice period is at least 120 days, and the termination date must be the last day of the rental period or fixed term. After receiving an N13, the tenant may choose to leave earlier by giving at least 10 days’ written notice.
Meanwhile, if the work is repair or renovation rather than demolition or conversion, the tenant may have a right of first refusal to move back in after the work is complete. To preserve that right, the tenant must give written notice before moving out and keep the landlord updated on any address change.
What compensation applies to an N13, and when does the tenant get it?
N13 compensation depends on the reason for the notice, the size of the residential complex, and whether the tenant plans to return after repairs or renovations.
According to the N13 instructions, if the complex has at least five residential units, compensation is generally three months’ rent for demolition or conversion, or for repair/renovation cases where the tenant is not returning. If the complex has fewer than five units, the amount is generally one month’s rent. If the tenant is returning after repairs or renovations, the compensation is still tied to one or three months’ rent, but it may be reduced to the rent for the period the unit will be under repair if that amount is less. In each case, the landlord can instead offer another rental unit acceptable to the tenant.
Most importantly, the compensation must be paid on or before the termination date in the notice. If it is not, the LTB can refuse the eviction application.
For N13 notices, compensation must be paid on or before the termination date, and repair or renovation tenants may keep a right of first refusal if they give written notice before moving out.
There is also an exception. If the landlord has been ordered under another Act to demolish or repair the property, compensation may not be required.
What common mistakes cause N12 N13 notices to fail at the LTB?
The most common failures are using the wrong notice, missing compensation, weak good-faith evidence, and defective dates.
- Using N12 instead of N13, or vice versa: The facts must match the form.
- Serving the notice too early or with the wrong termination date: N12 and N13 dates must line up with the rental period or fixed term.
- Paying compensation late: For both notice types, late payment can be fatal to the application.
- Underestimating the proof required: N13 cases often need permit evidence, and N12 cases need credible good-faith evidence.
- Ignoring the tenant’s return rights on renovation files: This is a major issue in renovation disputes.
- Forgetting prior-notice disclosure requirements: Since September 1, 2021, LTB applications must include information about N12 and N13 notices served in the prior two years.
Additionally, landlords sometimes assume the notice itself ends the tenancy. It does not. The notice is the first step, and if the tenant does not leave, the landlord must apply to the LTB for an eviction order. AVS Hospitality, a Toronto property management company, often helps owners organize the paperwork, timelines, and maintenance or renovation records that support the application. For owners who need help coordinating repairs after a lawful vacancy, that is the kind of work handled through property maintenance support.
How should landlords approach N12 N13 notices in 2026?
In 2026, landlords should approach N12 N13 notices as evidence-heavy legal processes, not simple forms.
First, confirm the legal reason before serving anything. Next, calculate the termination date carefully. Then, line up compensation, supporting documents, and proof of service before the file reaches a hearing. If the case involves Toronto, Markham, or surrounding markets where rents have risen sharply, expect the tenant to scrutinize motive, timing, and good faith even more closely.
Finally, remember that a careful process is often cheaper than a failed one. If you want a plain-language overview of how N12 N13 notices fit into broader rental operations, AVS Hospitality, a Toronto property management company, focuses on the day-to-day compliance work that helps landlords avoid preventable disputes.
Frequently Asked Questions
Can a landlord use an N12 just because they want a new tenant at a higher rent?
No. An N12 is for genuine residential occupation by the landlord, purchaser, or an eligible family member or caregiver. If the real goal is to remove a tenant and re-rent at a higher price, that can be challenged as bad faith. The LTB looks closely at motive, prior notices, and whether the intended occupant actually moves in.
Does serving an N12 or N13 automatically end the tenancy in Ontario?
No. The notice does not by itself terminate the tenancy. If the tenant does not move out, the landlord must apply to the Landlord and Tenant Board for an eviction order. The Board can dismiss the case, delay eviction, or refuse it entirely if the notice, compensation, or evidence is defective.
What is the tenant’s right of first refusal on an N13 renovation notice?
If the N13 is for repairs or renovations, the tenant may have the right to move back into the unit after the work is complete. To keep that right, the tenant must notify the landlord in writing before moving out and must keep the landlord updated with any address changes. The returning rent is generally limited to the lawful rent that would have applied without the interruption.
Who pays compensation on a purchaser-use N12 notice?
The landlord who serves the N12 is responsible for the compensation obligation. In most cases, that means one month’s rent must be paid by the termination date, or the landlord must offer another rental unit acceptable to the tenant. A purchaser’s intention to occupy does not remove the serving landlord’s duty to comply with the compensation rule.
How much notice does a landlord need for demolition or major renovation in Ontario?
For an N13, the landlord generally must give at least 120 days’ notice, and the termination date must fall on the last day of the rental period or fixed term. If the tenant receives an N13, they may choose to leave earlier by giving at least 10 days’ written notice to the landlord.
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