To evict a tenant for personal use in London, you must serve an N12 form in good faith and pay the tenant one month’s rent in compensation before the termination date. If the Landlord and Tenant Board (LTB) discovers you acted in bad faith, you could face corporate fines of up to $250,000 CAD and individual fines up to $50,000 CAD.
Owning a rental property in London can be a great investment, but there may come a time when you or an immediate family member actually needs to live in the house. In Ontario, the Residential Tenancies Act (RTA) allows property owners to reclaim their unit for personal use. 🔍 However, this is one of the most heavily scrutinized processes in the province, as it is frequently abused by landlords looking to kick out long-term tenants just to raise the rent.
A personal use eviction requires you to issue a specific document known as a Form N12. Generally, you must act in absolute “good faith,” meaning you genuinely intend to live in the unit for at least one full year. Most applicants choose to hire a local law firm or paralegal to manage this process, as even a minor date error on the paperwork can result in the LTB tossing out your case entirely.
Step-by-Step Process in London
Navigating an N12 eviction requires strict adherence to timelines and a mandatory financial payout. 📍 Whether the property is in Masonville or Old East Village, here is the legal path you must follow to reclaim your home.
Step 1: Confirming Valid Grounds (Good Faith)
Before doing anything, you must ensure your reason is legally valid. An N12 can only be issued if the unit is required for the personal use of the landlord, the landlord’s spouse, a child or parent of either, or a caregiver for any of these people. You cannot use an N12 for a cousin, a sibling, or a friend.
Step 2: Serving the Form N12
You must fill out and serve the Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (Form N12). 📄 This notice must give the tenant a minimum of 60 days’ notice. Crucially, the termination date on the form must fall on the last day of the tenant’s rental period (usually the last day of the month).
Step 3: Paying the Mandatory Compensation
To legally enforce an N12, the landlord is legally obligated to compensate the tenant. You must pay the tenant an amount equal to one month’s rent. This payment absolutely must be made before the termination date listed on the N12 form, regardless of whether the tenant has actually moved out yet.
Step 4: Filing the L2 Application
Tenants have the legal right to stay in the unit and wait for an LTB hearing if they doubt your intentions. ✍ To secure an eviction order, you must file an L2 Application with the LTB within 30 days of serving the N12. If you miss this 30-day window, the N12 expires and you have to start the entire process over again.
How Much Does it Cost in London?
Evicting a tenant for personal use is not a cheap endeavor. Between the mandatory compensation and legal fees, landlords must be prepared for upfront costs. As of April 2026, here is the typical financial breakdown:
- Tenant Compensation: Exactly one month of the current lawful rent. If the rent is $2,000 CAD, you must pay them $2,000 CAD.
- LTB Filing Fee: Submitting the L2 application costs $186 CAD if filed online via the Tribunals Ontario Portal, or $201 CAD if filed by paper.
- Legal Representation: Hiring a licensed paralegal to draft the notices, swear the required affidavits, and represent you at the LTB hearing generally costs between $1,000 and $2,500 CAD.
| Required Expense | Estimated Cost (CAD) | When is it due? |
|---|---|---|
| Form N12 Compensation | 1 Month’s Rent | Before the termination date on the notice. |
| L2 Application Fee | $186 | When filing with the LTB online. |
| Paralegal Fees | $1,000 – $2,500 | Paid as a retainer to the law firm. |
How Long Does the Process Take?
Reclaiming your property requires immense patience due to the severely backlogged tribunal system. ⏳ After serving the 60-day notice, if the tenant refuses to leave, waiting for your L2 hearing at the LTB typically takes an additional 4 to 8 months. Once the judge issues the eviction order, you may still need to wait another few weeks to hire the Sheriff if the tenant still refuses to move.
Frequently Asked Questions (FAQ)
Can a corporation issue an N12 for personal use?
No. If the property is owned by a corporation (e.g., a numbered company), you cannot legally issue an N12 for personal use. The RTA only allows human landlords (individuals) to reclaim a unit for their own family.
What happens if the LTB finds I acted in bad faith?
If you evict a tenant and then immediately put the unit on Airbnb or re-rent it for a higher price, the tenant can file a T5 application. You can be ordered to pay the tenant’s moving costs, a year of their new higher rent, and face massive provincial fines up to $50,000 CAD.
Can I issue an N12 if I am selling the house?
Yes, this is called “Purchaser’s Own Use.” If you have a signed Agreement of Purchase and Sale, and the buyer needs to live in the home, you can issue the N12 on their behalf. You are still responsible for paying the one month’s rent compensation.
Does the tenant have to sign the N12 notice?
No. A Notice of Termination is a unilateral document. The tenant does not need to sign it or agree with it. You simply must prove that you legally served it to them (e.g., by sliding it under the door or handing it to them).
Leave a Reply