Ontario's New N12 Rule: Landlords Get 60 Days to Move In — Or Else

Published 2026-08-17 · PaperNorth

Big news for Ontario tenants: starting September 21, 2026, a landlord who evicts you "for personal use" has 60 days to actually move in — and if they don't, the law now presumes the eviction was in bad faith. For years tenants had to prove bad faith themselves; the new rule flips that burden onto the landlord.

What changed

Ontario filed O. Reg. 240/26 under the Residential Tenancies Act (part of the Bill 97 tenant-protection changes). From September 21, 2026:

• When an N12 personal-use eviction ends your tenancy, the person named on the notice (the landlord, their family member, or a purchaser) must move into the unit within 60 days of your termination date.
• If they don't, the Landlord and Tenant Board presumes the notice was given in bad faith — the landlord must now prove otherwise, instead of you having to prove they lied.

A separate 2026 change (under Bill 60) also reworked N12 compensation: the usual one month's rent is no longer required when the landlord gives 120 days or more of notice ending on the last day of a rental period. Shorter 60-day notices still require the compensation before the termination date.

Why the presumption matters so much

Bad-faith N12s — where the "family member" never moves in and the unit is quietly re-listed at a higher rent — have been the most abused corner of Ontario tenancy law. The remedy always existed: a T5 application within one year of moving out, with awards that can include the rent difference for up to 12 months, moving costs, and general damages up to 12 months of your old rent. The problem was proof. Tenants had to assemble listings, timelines, and witnesses to establish what the landlord intended.

The new rule converts a hard intent question into a simple calendar question: did the named person move in within 60 days, yes or no? If no, the burden flips.

What to do if you get an N12 now

1. Check the compensation math against the notice period. 60–119 days' notice → one month's compensation is still required before your termination date. 120+ days ending on the last day of a rental period → compensation may be lawfully waived. Our N12 guide has the full checklist.
2. Don't move out by reflex. An N12 is a notice, not an eviction — only the LTB can end your tenancy, and the landlord (or the person named) usually must testify to their genuine intention at the hearing.
3. After you move out, watch the unit for 60 days. Set alerts for your old address on rental sites, keep dated screenshots, note who actually moves in. Under the new rule this evidence doesn't just support your case — it triggers the presumption.
4. File the T5 within one year of moving out if the 60-day occupancy never happens. Filing costs $48 online and fee waivers exist.

Common mistakes to avoid

• Signing an N11 alongside the N12. An N11 is your agreement to leave — it can erase the leverage the new rules give you. Never sign under pressure.
• Losing track after moving. The presumption only helps if someone notices the unit sat empty or got re-rented. Calendar a 60-day check-in on your old address.
• Assuming the old compensation rule. Tenant forums are full of "they always owe you a month" — from 2026 that depends on the notice length. Check the dates before claiming a defect.

Where to get help

Your local community legal clinic, Tenant Duty Counsel at the LTB, and Steps to Justice. Full deadline tables live in our Forms Library.

Sources: O. Reg. 240/26 under the Residential Tenancies Act, 2006; Bill 97 (Helping Homebuyers, Protecting Tenants Act) and Bill 60 amendments; Tribunals Ontario LTB guidance.

This article is general legal information, not legal advice. Rules change and every situation is different. For advice about your specific case, consult a licensed professional or your local community legal clinic.