Yes, “no fault” evictions are legal in Ontario, but only under strict conditions such as the landlord moving in (Form N12) or completing major renovations (Form N13). You are legally entitled to compensation, usually equal to at least one month of rent, and you always have the right to await a formal LTB hearing.
Receiving an eviction notice is a terrifying experience, especially when you have done absolutely nothing wrong. You have always paid your rent on time, kept the apartment perfectly clean, and never disturbed the neighbours, yet the landlord still wants you out. 📝
In Ontario, this is known as a “no fault” eviction. While the Residential Tenancies Act (RTA) heavily protects renters, it does allow property owners to reclaim their units for very specific, lawful reasons. However, landlords cannot simply kick you out to raise the rent for a new tenant.
This guide will explain the rules surrounding the two most common no-fault eviction notices: the Form N12 (Personal Use) and the Form N13 (Demolition or Renovation). We will outline your right to compensation, how to spot a “bad faith” eviction, and when consulting a local law firm can save your home.
Step-by-Step Process in Ontario
Whether you rent a basement in Brampton, an apartment in London, or a house in Hamilton, the rules for a no-fault eviction are rigid. A landlord must follow the exact procedural steps, or the Landlord and Tenant Board (LTB) will throw their case out. 📍
Never pack your bags and move out simply because the landlord sent you a text message. You are only required to leave if you choose to accept the legal notice, or if the LTB officially orders you to vacate.
Step 1: Scrutinize the N12 or N13 Notice
First, ensure the landlord used the correct, official LTB form. An N12 is used if the landlord, their immediate family member, or a purchaser (if the unit is sold) genuinely intends to move in. An N13 is used if the building is being demolished, converted to commercial use, or requires extensive renovations. ❗
Check the dates carefully. An N12 requires a minimum of 60 days’ written notice, and the termination date must align with the last day of your rental period. An N13 requires a massive 120 days’ written notice. Crucially, if you live in Hamilton (under By-law 24-055 since Jan 1, 2025) or Toronto (under By-law 53-2025 since July 31, 2025), a landlord serving an N13 must also apply for a municipal Rental Renovation Licence within seven days, pay a fee (approx. $700), and-for tenants exercising their right of first refusal-provide temporary comparable housing or monthly rent-gap payments throughout the renovations.
Step 2: Collect Your Mandatory Compensation (With Bill 60 Caveat)
In Ontario, no-fault evictions typically come with a financial cost for the landlord. If you are served a standard 60-day N12, the landlord must pay you compensation equal to exactly one month’s rent, or offer you another acceptable unit, *before* the termination date.
However, under Bill 60 (the Fighting Delays, Building Faster Act, 2025), which formally takes effect on September 21, 2026, landlords can legally avoid paying this mandatory one-month compensation if they give the tenant at least 120 days’ written notice on the N12 instead of the standard 60 days, provided the termination date aligns with the end of a rental period or fixed term.
Step 3: Look for Signs of Bad Faith
Many landlords attempt “renovictions” or fake personal use evictions just to get a long-term tenant out and double the rent. Look for red flags. Did you recently refuse an illegal rent increase before getting the N12? 💪
If you suspect the landlord is lying and actually plans to put the unit on Airbnb or re-rent it to someone else, you can refuse to move out. Gather evidence, such as text messages where they complained that your rent was too low.
Step 4: Choose to Move or Wait for a Hearing
You have two choices: You can accept the notice, take your compensation cheque, and move out by the termination date. Or, if you believe the notice is in bad faith or you simply cannot find housing, you have the absolute legal right to stay and wait for a hearing.
If you stay, the landlord must file an L2 Application with the LTB. At the virtual hearing, the adjudicator will force the landlord to prove their genuine intentions before ordering an eviction.
How Much Does it Cost in Ontario?
The financial aspects of a no-fault eviction primarily involve the compensation you are owed. You do not have to pay any LTB fees to defend yourself against an eviction application. 💰
Here is a breakdown of the compensation you are legally entitled to receive:
| Type of Eviction Notice | Mandatory Compensation | Payment Deadline |
|---|---|---|
| Form N12 (Personal Use) | 1 Month of Rent | Before the termination date |
| Form N13 (Renovation, 1-4 units) | 1 Month of Rent | Before the termination date |
| Form N13 (Renovation, 5+ units) | 3 Months of Rent | Before the termination date |
| Lawyer / Paralegal Defence | $800 – $2,500+ (Out of pocket) | N/A |
If you discover later that the eviction was in bad faith (e.g., you see your old apartment listed for rent online two months after you moved out), you can file a Form T5. The LTB can order the bad landlord to pay you up to $50,000 in general compensation and moving expenses, matching the updated Landlord and Tenant Board jurisdiction limit established under O. Reg. 626/00 (as amended by O. Reg. 42/25).
How Long Does the Process Take?
No-fault evictions take significant time. The landlord must give you exactly 60 days for an N12, or 120 days for an N13 notice. ⏱
If you disagree with the notice and wait for a hearing, the landlord must file their L2 paperwork. Due to severe LTB backlogs, it typically takes 6 to 9 months for the board to schedule the eviction hearing.
During this entire waiting period, you remain a legal tenant. You must continue to pay your regular rent, and the landlord must continue to maintain the property.
Frequently Asked Questions (FAQ)
Can I be evicted during the winter in Ontario?
Yes. There is a common myth that landlords cannot evict tenants during the winter months in Canada. While adjudicators may sometimes grant a short delay due to extreme weather hardships, winter evictions are entirely legal and frequently enforced by the Sheriff.
What if the landlord sells the house to a new buyer?
If the house is sold and the new purchaser genuinely wants to move in, the current landlord will serve you an N12 on behalf of the purchaser. The same rules apply: you get 60 days’ notice and one month’s rent as compensation.
Do I have to sign an N11 if the landlord gives me an N12?
Absolutely not. An N11 is a mutual agreement to end the tenancy. If you sign an N11, you generally lose your right to wait for an LTB hearing, and it becomes much harder to sue for a bad faith eviction later. Never sign an N11 unless you are getting a massive “cash for keys” buyout.
Can I move back in after an N13 renovation is done?
Yes. If you receive an N13 for major renovations, you have the “right of first refusal.” You must inform the landlord in writing before you move out that you intend to return. Once the work is done, they must offer the unit back to you at the exact same rent price you were paying before.
Should I hire a law firm to fight an N12?
If you have strong evidence that the N12 is in bad faith, or if finding a new home will cause you extreme financial hardship, consulting a local paralegal or law firm is highly recommended. They can cross-examine the landlord at the hearing to expose their true intentions.
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