N12 vs N4: Which Eviction Notice Do You Need in Ontario?
The N4 and N12 do very different jobs. One is for unpaid rent, the other is for when you or a family member need the unit. Using the wrong one means your application gets dismissed. Here is how to choose.
Key points
- N4: the tenant owes rent.
- N12: you, a family member or a buyer genuinely intend to move in.
- An N12 needs at least 60 days’ notice. Since September 21, 2026, giving 120 days or more removes the compensation requirement, except for purchaser N12s.
- The wrong notice means starting over.
Ontario landlords can only end a tenancy for reasons set out in the Residential Tenancies Act, and each reason has its own notice. Two of the most used are the N4 and the N12. They are not interchangeable.
The N4
The N4 is for non-payment of rent. For notices served on or after September 21, 2026, the termination date must be at least 7 days after service. The tenant can void it by paying everything owing. See what is an N4 notice.
The N12
The N12 is for when the landlord, a family member, a caregiver or a purchaser genuinely intends to live in the unit for at least one year. The termination date must be at least 60 days after service and on the last day of a rental period, or the end of a fixed term. With less than 120 days’ notice, the landlord must pay one month’s rent compensation, or offer another acceptable unit, by the termination date.
New as of September 21, 2026: for N12s served on or after that date for your own or a family member’s use, giving at least 120 days’ notice means you don’t have to pay compensation. This does not apply to N12s for a purchaser. And if you or your family member don’t move in within 60 days of the termination date, the Board will presume bad faith if the tenant files a T5, unless you can prove otherwise.
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| N4 | N12 | |
|---|---|---|
| Reason | Unpaid rent | Own use by landlord, family or buyer |
| Notice | 7 days | 60 days, ending on the last day of a period |
| Can tenant void it? | Yes, by paying | No |
| Compensation | None | One month’s rent, unless you give 120+ days’ notice (not for purchasers) |
| Application | L1 | L2 |
Other notices
- N8: persistent late payment of rent (Notice to End your Tenancy at the End of the Term).
- N5: damage or interfering with others.
- N13: demolition, conversion or major repairs.
If you use the wrong one
An application based on the wrong notice will be dismissed, and you will have to serve a new one and wait again. Picking the right notice at the start saves months.
Frequently asked questions
Can I use an N12 if the tenant isn’t paying rent?
The N12 is only for genuine own use. For unpaid rent, use an N4.
How much notice does an N12 need?
At least 60 days, ending on the last day of a rental period or the end of a fixed term.
Do I always have to pay compensation with an N12?
Not since September 21, 2026, if you give at least 120 days’ notice for your own or a family member’s use. Purchaser N12s still require compensation.
Can a tenant void an N12?
No. Unlike the N4, paying rent doesn’t void an N12.
What if I serve the wrong notice?
The application will be dismissed and you’ll need to start again.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
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