If you receive an N12 notice for landlord’s own use in Markham, you do not have to move out immediately. The landlord must provide 60 days’ notice, pay you one month’s rent as compensation, and you have the right to challenge the eviction at an LTB hearing.
Finding a new home in Markham’s competitive housing market is daunting. When a landlord issues an N12 notice claiming they, a family member, or a purchaser wants to move into your unit, it can feel like your world is turned upside down. However, as a tenant in Ontario, you have strong legal protections.
Many applicants mistakenly believe an N12 is a final order. It is simply a notice. If you suspect the landlord is acting in bad faith-perhaps they plan to list the unit on Airbnb or rent it to someone else for a higher price-you can legally remain in your home and wait for a Landlord and Tenant Board (LTB) hearing. If you need help building your defence, browse our directory to find a knowledgeable local lawyer.
Step-by-Step Process to Defend Your Tenancy in Markham
Ontario law strongly defends tenants against wrongful evictions. If you believe the N12 was given improperly, here is how most tenants handle the situation to protect their rights.
Step 1: Check the Notice for Legal Errors
First, review the N12 document carefully. The termination date must be at least 60 days after the notice is given, and it must fall on the last day of a rental period (usually the last day of the month). If the dates are wrong, or if the landlord failed to fill out the form correctly, the LTB will generally dismiss the case.
Step 2: Secure Your Required Compensation
Under the Residential Tenancies Act, a landlord issuing an N12 must provide compensation equal to one month’s rent. This money must be paid to you on or before the termination date listed on the notice. If they miss this deadline, the eviction is usually rendered invalid.
Step 3: Gather Evidence of Bad Faith
If you suspect the landlord does not truly intend to live in the unit, start collecting evidence. Keep an eye on local Markham rental listings, Kijiji, and Facebook Marketplace. Save text messages where the landlord previously threatened eviction or demanded an illegal rent increase. This evidence will be the core of your defence.
Step 4: Attend the L2 Hearing
If you do not move out, the landlord must file an L2 application with the LTB. You will receive a Notice of Hearing. At the hearing, the burden of proof is on the landlord to show a genuine intention to occupy the unit for at least one year. You will have the chance to cross-examine them and present your own evidence.
How Much Does it Cost to Defend Yourself?
For tenants in Ontario, fighting an N12 at the LTB is highly accessible. Here is a quick breakdown of what you might expect to spend:
| Attending the L2 Hearing | $0 (The landlord pays the filing fee) |
| Filing a T5 (Bad Faith after moving out) | $50 CAD (approximate) |
| Hiring a Lawyer or Paralegal | $1,000 – $3,500+ CAD |
While you can represent yourself for free, the stakes are very high. A dedicated law firm can help you properly format evidence and articulate your arguments to the adjudicator, significantly increasing your chances of success.
How Long Does the N12 Process Take in Ontario?
If you choose to wait for a hearing, you are looking at a lengthy timeline. The LTB is currently experiencing delays. It often takes anywhere from 4 to 8 months for an L2 hearing to be scheduled. During this time, you must continue to pay your regular rent on time, or you risk facing a different type of eviction.
Frequently Asked Questions (FAQ)
What happens if I move out and discover it was bad faith?
If you vacate and later see the unit listed for rent or sale, you can file a T5 Application with the LTB. You can sue the landlord for damages, moving expenses, and the difference in rent for your new place for up to one year.
Can the landlord’s brother move in using an N12?
No. In Ontario, an N12 for personal use is strictly limited to the landlord, their spouse, their children, their parents, or a caregiver for one of these specific relatives. Siblings do not qualify.
Do I have to sign anything when I receive an N12?
No. You are not required to sign the N12, nor should you sign an N11 (Agreement to End the Tenancy) unless you actually agree to leave and have negotiated an acceptable buyout (cash for keys).
What if the landlord just wants to renovate the unit?
An N12 cannot be used for renovations. If they wish to do major repairs requiring building permits, they must use an N13 form, which comes with completely different rules and a right of first refusal for the tenant to return.
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