Eviction for Personal Use, Demolition, Repairs and Conversion and Tenant Applications for Bad Faith Interpretation Guideline 12

(Disponible en français)

Interpretation Guidelines are intended to assist the parties in understanding the LTB's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. However, a Member is not required to follow a Guideline and may make a different decision depending on the facts of the case.

Introduction

A landlord may give a tenant a notice to terminate a tenancy under section 48 of the Residential Tenancies Act, 2006 ("RTA") on the basis the rental unit is needed for use by the landlord, the landlord’s spouse, a child or parent of the landlord or the landlord’s spouse or a person who provides or will provide care services to the landlord or landlord's family (“N12 Notice” – commonly known as “Landlord's Own Use”).

A landlord may also may give a tenant a notice to terminate a tenancy under section 49 of the RTA on the basis the landlord has entered into an agreement of purchase and sale for the rental unit and the unit is needed by the purchaser, the purchaser’s spouse, a child or parent of the purchaser or the purchaser’s spouse or a person who provides or will provide care services to the purchaser or purchaser 's family (“N12 Notice” – commonly known as “Purchaser's Own Use”).

A landlord may also give a tenant a notice to terminate a tenancy under section 50 of the RTA on the basis that the landlord:

  1. will demolish the rental unit;
  2. needs vacant possession to do extensive repairs or renovations; or
  3. intends to convert the rental unit to non-residential use (“N13 Notice”).

As soon as a N12 or N13 Notice has been given to the tenant, the landlord may file an Application to End a Tenancy and Evict a Tenant and Collect Rent (“L2 Application”); but, section 69(2) of the RTA states that it may not be filed more than 30 days after the termination date in the notice. If the L2 Application is filed late, it will be dismissed. The Landlord and Tenant Board (“LTB”) schedules a hearing to consider the landlord's L2 Application and all parties have a right to attend the hearing and provide relevant evidence and submissions.

A tenant may file a Landlord Gave a Notice of Termination in Bad Faith (“T5 Application”) under section 57 of the RTA in the following circumstances:

A tenant may also file a T5 Application under section 57.1 of the RTA where the landlord gave them a N13 Notice for extensive renovations and repairs, before they moved out the tenant told the landlord in writing that they wanted to move back in when the work was done, and the landlord did not honour that right.

Amendments to some of the RTA provisions affecting these applications took effect on September 21, 2026. Special transitional rules may apply to some notices and applications served before these amendments were proclaimed.

For general information about eviction applications, see Guideline 10: Procedural Issues Regarding Eviction Applications.

Personal Use by the Landlord or Landlord's Family

Section 48(1) of the RTA permits the landlord to give notice of termination to a tenant if the landlord, in good faith, requires the unit for residential occupation for a period of at least one year by the landlord, a specified family member or a caregiver.

Who can occupy the rental unit?

An N12 Notice can only be served on behalf of an individual who falls into one of the categories of familial or caregiving relationships indicated in section 48(1) of the RTA. These are: the landlord; the landlord's spouse; a child or a parent of either the landlord or the landlord's spouse; or a person who provides or will provide care services to the landlord or one of their permitted family members where the person receiving the care services resides or will reside in the building.

The N12 Notice must name the intended occupant and indicate their relationship to the landlord. Only one intended occupant needs to be identified. Where more than one person intends to move in, the landlord can, but does not need to, identify additional occupants. For example, if the landlord, their spouse and child all intend to move into the rental unit, the landlord only needs to identify themself, they do not need to identify or check off boxes for each family member who will be moving in with them.

If the landlord chooses to identify other intended occupants their relationship(s) to the landlord must be indicated on the N12 Notice and their names listed on a schedule attached to the N12 Notice.

The N12 Notice cannot be used if the intended occupant is not a person specified in section 48(1). This means a landlord cannot serve a N12 Notice where their sibling, grandchildren, aunt or uncle, or cousin is the intended occupant. In Miller Estate v Arguelles, 2026 ONCA 518, the Court of Appeal for Ontario affirmed that neither siblings of a landlord nor the Estate of a landlord qualify as one of the accepted categories of relatives under section 48(1). See also for example: TSL-70431-16 (Re), 2016 CanLII 52813 (ON LTB); NOL-03484-10 (Re), 2011 CanLII 5985 (ON LTB).

Termination date

The termination date in the landlord's notice of termination must be at least 60 days after the N12 Notice is given and must be the last day of a fixed term tenancy, or if there is no fixed term, on the last day of a rental period. For example, if the current month is January and the lease expires on June 30 of the same year, the termination date should be June 30. If there is a month-to-month tenancy agreement with the rent due on the 1st day of each month and notice is provided to the tenant on January 20, the earliest the termination date on the notice can be is March 31 which is 60 days after the notice is given and on the last day of the monthly rental period.

A notice of termination with an incorrect termination date is defective. A defective notice cannot be amended after it has been given to the tenant and the LTB is expressly prohibited from extending time requirements related to notices of termination: Harkamal v Moncada, 2025 ONLTB 74193. The LTB cannot issue an order terminating a tenancy on the basis of a defective notice of termination. See for example: Alexei v Linhares, 2026 ONLTB 5677; CEL-02248 (Re), 2007 CanLII 75937 (ON LTB); TSL-72954-16 (Re), 2016 CanLII 44293 (ON LTB).

After being given the notice, the tenant is allowed to terminate the tenancy at an earlier date by giving the landlord ten days' written notice using a Tenant’s Notice to End the Tenancy (“N9 Notice”).

Affidavit or Declaration

Subsection 72(1) of the RTA requires the landlord to file an affidavit sworn by the person who personally requires the rental unit certifying that they, in good faith, require the rental unit for their own personal use for at least one year. Additional intended occupants indicated on the N12 Notice may also complete their own affidavit or declaration.

The affidavit must be filed with the LTB at the same time the application is filed. Rule 4.5 of the LTB Rules of Procedure provides that if the applicant is unable to file the affidavit at the same time as the application, it must be filed with the LTB within 5 calendar days of filing. Failure to do so may result in the application being dismissed prior to or at the hearing.

In accordance with s.192.1 of the RTA and Rule 1.5 of the LTB’s Rules of Procedure, instead of an affidavit, the LTB will also accept a signed and dated declaration containing the same information. The person who makes the declaration must confirm the truth of the information or statement and acknowledge that making a false declaration is an offense. Declaration forms are available on the LTB’s website.

The person who provided the affidavit is not required to testify at the LTB hearing unless they have been summoned by one of the parties (Beach v. Chowdhury, 2026 ONSC 1988). However, as a general principle of law, oral testimony at an LTB hearing is given greater weight than testimony provided in written form.

Examples of LTB orders addressing the affidavit requirement include: TNL-86355-16 (Re), 2017 CanLII 51474; TSL-70431-16 (Re), 2016 CanLII 52813 (ON LTB).

If an affidavit or declaration does not meet all of the RTA’s requirements, the Member must consider whether it substantially complies with those requirements in accordance with section 212 of the RTA. The Member may consider oral testimony from the person who swore the affidavit to determine if the test is satisfied: Sertic v. Mergarten, 2017 ONSC 263; Beach v. Chowdhury, 2026 ONSC 1988; Palacio v El Sayed, 2025 ONLTB 39019.

Good Faith Requirement

At the hearing of their L2 Application, the landlord must prove, on a balance of probabilities, that they in good faith require the rental unit for the purpose of residential occupation by the person specified in the notice of termination for at least one year.

The landlord must also establish that the intended occupant will move into the rental unit within a reasonable period of time. Under O.Reg 240/26 under the RTA, if the intended occupant does not move into the rental within 60 days of termination date in the N12 notice, or within 60 days of the date the tenant vacated if the tenant does not move out by the N12 termination date, they will be presumed to have served the N12 Notice in bad faith.

The burden is not on the tenant to establish that the notice was not served in good faith: Grewal and Eilers v. Nukkala, 2023 ONSC 5758.

In Mason v Azubalis, 2025 ONSC 5770, the Divisional Court confirmed that even where the landlord is not the intended occupant the landlord’s genuine intention for the intended occupant to move in must still be determined. While the LTB must determine whether the intended occupant genuinely intends to move into the rental unit, this determination in and of itself does not satisfy the test in s. 48(1) without a finding about the landlord’s intention.

When deciding "good faith" the LTB must consider whether the landlord or the intended occupant has a genuine intention to occupy the premises for at least one year. Whether the landlord's plan is reasonable is not the test: Feeney v. Noble, 1994 CanLII 10538 (ON SC).

In Salter v. Beljinac, 2001 CanLII 40231 (ON SCDC) the Divisional Court stated at paras 18, 26-27:

In my view, s.51(1) [now RTA s.48(1)] charges the finder of fact with the task of determining whether the landlord's professed intent to want to reclaim the unit for a family member is genuine, that is, the notice to terminate the tenancy is made in good faith. The alternative finding of fact would be that the landlord does not have a genuine intent to reclaim the unit for the purpose of residential occupation by a family member.

While it is relevant to the good faith of the landlord's stated intention to determine the likelihood that the intended family member will move into the unit, the Tribunal stops short of entering into an analysis of the landlord's various options.

Once the landlord is acting in good faith, then necessarily from the landlord's subjective perspective the landlord requires the unit for the purpose of residential occupation by a family member. That is sufficient to meet the s.51(1) standard. The fact that the landlord might choose the particular unit to occupy for economic reasons does not result in failing to meet the s.51(1) standard.

In Fava v. Harrison, 2014 ONSC 3352, the Divisional Court affirmed that the motives of the landlord in seeking possession of the rental unit are largely irrelevant and that the only issue is whether the landlord has a genuine intent to reside in the property. The Court also stated the LTB can consider the conduct and the motives of the landlord in order to draw inferences as to whether the landlord desires, in good faith, to occupy the property. See also: Bousselmi v. Keyes, 2026 ONSC 3993.

For example, a tenant may wish to prove that the same landlord gave a notice of termination for personal use of another unit earlier, obtained possession and then rented it to another tenant. This is not determinative evidence that the landlord lacks good faith, but it may be considered by the Member in weighing the landlord's evidence. Evidence of previous problems between the current tenant and the landlord may also be relevant to the genuineness of the landlord's intention to use the unit as stated in the notice.

In determining whether the notice of termination was served in good faith, the LTB does not only consider whether the landlord was acting in good faith when the notice of termination was served on the tenant. The LTB must also consider events, changes in circumstance and the landlord’s conduct after the service of the notice of termination: Elkins v. Van Wissen, 2023 ONCA 789.

Examples of LTB orders finding that the landlord has satisfied the good faith requirement: Hildrop v Lorincz, 2022 CanLII 87190 (ON LTB); Ali v Howell, 2021 CanLII 145478; Kalra v Tejpal, 2025 ONLTB 50815 (CanLII); Wu (also known as quan wen) v Tang, 2024 ONLTB 48356 (CanLII); TEL-69842-16 (Re), 2016 CanLII 38802 (ON LTB); TSL-60770-15 (Re), 2015 CanLII 69062 (ON LTB).

Examples of LTB orders finding that the landlord has not satisfied the good faith requirement: Silvestrin v Erazo-Ibarra, 2024 ONLTB 66013; Al-Salem v Smith, 2025 ONLTB 88223; Kim v Im, 2024 ONLTB 78578; Verma v. Morais, 2021 CanLII 78834; Tsoraklidis v. Reyes, 2026 ONLTB 21771 (CanLII); TSL-76001-16 (Re), 2017 CanLII 28525 (ON LTB), TSL-55743-14 (Re), 2015 CanLII 9141 (ON LTB).

Allowable uses of the rental unit

The landlord must establish that the unit will be used for "residential occupation" for at least one year as required by section 48 of the RTA. The term “residential occupation” is not defined in the RTA but it has been considered in a number of LTB and court decisions.

Corporate landlords and shareholders of a corporation

On September 1, 2017, the RTA was amended to provide that section 48 only applies to rental units that are owned in whole or in part by landlords who are individuals. A corporate landlord cannot serve a notice under section 48 or obtain an eviction order under this section. Earlier decisions permitting some corporations to serve this type of notice are no longer valid.

In Agnew v. Bourgette, 2026 ONSC 2902, the Divisional Court upheld the LTB’s decision to dismiss the landlord’s application for termination of the tenancy based on a N12 Notice served under section 48 of the RTA. The LTB found the landlord had acted in bad faith in transferring a 1% ownership interest in the property from a corporation to its two shareholders shortly before serving the N12 Notice. The LTB held that the real substance of the transfer was to evade the prohibition in s. 48(5) of the RTA that precludes a corporation from using s. 48 to evict tenants.

LTB decisions addressing this issue include: Nguyen v Francis, 2024 ONLTB 19697 (CanLII); Motlis Family Holdings Inc. v Sommer, 2021 CanLII 151062 (ON LTB).

In Miller Estate v. Arguelles, 2026 ONCA 518, the Court of Appeal for Ontario determined that the landlord’s estate could not proceed with a N12 Notice because until the legal representative of the Estate is appointed or the legal owner of the rental unit is known, it is impossible to determine who the individual landlord is for the purpose of deciding whether that individual has standing to invoke section 48(1) of the RTA.

Compensation

For notices given to a tenant under section 48 of the RTA, the landlord must compensate the tenant one month's rent or offer another rental unit acceptable to the tenant. The compensation must be paid by the termination date on the N12 Notice. The LTB cannot issue an order ending the tenancy and evicting the tenant unless the landlord has satisfied this obligation (see subsection 83(4) of the RTA).

However, if the landlord serves a N12 Notice under section 48(1) of the RTA on or after September 21, 2026, and the termination date is at least 120 days after the notice is given and is the last day of a fixed term tenancy or, if there is no fixed term, the last day of the rental period, then the landlord is not required to pay the tenant compensation or offer another rental unit acceptable to the tenant (section 48.1 of the RTA).

See below for a fuller discussion of compensation for all N12 and N13 Notices.

Personal Use by a Purchaser or Their Family

Section 49 of the RTA permits the landlord to give notice of termination to a tenant on behalf of a purchaser of the rental unit if:

  1. the landlord has entered into an agreement of purchase and sale to sell a residential complex containing no more than 3 units, or a condominium unit; and

  2. the purchaser, in good faith, requires possession of the complex or the unit for residential occupation by the purchaser, his or her spouse, or a child or parent of one of them.

The termination date requirements for N12 Notices served for Purchaser’s Own Use reason are the same as those for N12 Notices served for Landlord’s Own Use under section 48 of the RTA, as is the requirement for an affidavit sworn by the person who personally requires the rental unit (see the above discussion of these two requirements).

There is also a good faith requirement similar to that related to section 48 (see above). The requirement of good faith relates to the genuine intention of the landlord and the purchaser, purchaser’s family member or caregiver for a member of the purchaser’s family who declares they intend to occupy the unit to genuinely intend to do so (see subsections 49(1) and 72(1) of the RTA). However, with respect to a N12 Notice for Purchaser’s Own Use the RTA does not state that the intended occupant must live there for at least one year.

Examples of LTB orders finding the good faith requirement is satisfied: Bonakdarian v Kang, 2020 CanLII 118006; Padmanabha v Hussain, 2021 CanLII 93091 (ON LTB); Saunders v. Nkemdirim, 2018 ONSC 6642 (CanLII).

Examples of LTB orders finding the good faith requirement is not satisfied: TSL-76546-16 (Re), 2016 CanLII 71338 (ON LTB); TNL-27406-12 (Re), 2012 CanLII 27936 (ON LTB).

Agreement of purchase and sale

Before a landlord may give a N12 Notice under section 49, there must be an agreement of purchase and sale for the residential complex or condominium unit. The LTB may refuse an application if it is not reasonably certain that a completed sale will result from the agreement. If a term or condition of the agreement makes it uncertain that the deal will be completed, it may be appropriate to delay the application until the sale becomes more certain.

The LTB may also dismiss the application if satisfied the purchase is a pretense created for the purpose of evicting the tenant. For example, a transfer to a family member or a sale for much less than market value may raise questions. Section 202 of the RTA directs the LTB to look at the real nature of any transactions. See for example: SOL-01897 (Re), 2007 CanLII 75946 (ON LTB); CEL-61051-16 (Re), 2016 CanLII 88110 (ON LTB).

A landlord applying based on a N12 Notice served under section 49 should provide a copy of the agreement of purchase and sale to the tenant and the LTB at least 7 days before the hearing, unless the LTB orders otherwise.

No more than 3 Residential Units (except for Condominiums)

As section 49(1) states that a notice to terminate a tenancy for use by a purchaser or family member can only be served by a landlord of a residential complex that has no more than three residential units, an application concerning a residential complex with more than three units will be dismissed: TSL-80642-16 (Re), 2017 CanLII 28814 (ON LTB).

However, section 49(2) provides that a N12 Notice may be served by a landlord who is an owner of a condominium regardless of how many residential units are in the residential complex.

Compensation

For N12 Notices given to a tenant under section 49 the landlord must compensate the tenant in an amount equal to one month's rent or offer another rental unit acceptable to the tenant. The obligation to pay the compensation belongs to the landlord who served the notice on the tenant, not the purchaser of the rental unit. The compensation must be paid by the termination date on the N12 Notice.

Unlike N12 Notices served under section 48 of the RTA, compensation must be paid to the tenant regardless of the length of notice provided to the tenant.

The LTB cannot issue an order ending the tenancy and evicting the tenant unless the landlord has satisfied this obligation (see subsection 83(4) of the RTA).

See below for a fuller discussion of compensation for all N12 and N13 Notices.

Personal Use by a Person Who Provides or Will Provide Care Services

As mentioned above, N12 Notices may be provided on behalf of caregivers. Subsections 48(1)(d) and 49(1)(d) of the RTA permit a landlord to give notice of termination to a tenant if the landlord or purchaser, in good faith, requires the unit for residential occupation by a person who provides or will provide care services to the landlord or purchaser, or the landlord's or purchaser's spouse, parent, child, or spouse's parent or child.

In the case of care services being provided to the landlord or the landlord's family, the caregiver must live in the rental unit for at least one year.

The person receiving the care must reside or intend to reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.

"Care services" are defined in s. 2 as "health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living". Care services are further defined in section 2 of Ontario Regulation 516/06.

Restriction on "co-ownerships"

Subsection 72(2) of the RTA contains special provisions that apply only to an unusual type of housing arrangement known as "co-ownership". This involves a number of individuals owning a building through a corporation or as tenants-in-common. Subsection 72(2) applies when such a building has been marketed as single units. This method of offering a building for sale on a unit basis avoids the rules of the Condominium Act. The co-owner has no rights to the unit they are apparently buying, except by agreement with the other co-owners. Their rights respecting the unit may include both the rent revenue from that unit and the right to occupy the unit.

Subsection 72(2) provides protection for tenants of units that have been sold in this way to co-owners. Even if the co-ownership agreement purports to give the "unit owner" the right to occupy the unit, they cannot do so unless: the building does not have more than four units, or; the landlord, the landlord's spouse, a child or a parent of either the landlord or the landlord's spouse, or a person who provided care services to the landlord, the landlord's spouse, or a child or parent of the landlord or the landlord's spouse previously lived in the unit.

This section of the RTA does not apply to other types of rental units and is not a general prohibition on landlords of complexes with more than four rental units relying upon sections 48 or 49 of the RTA. See Seibert v. Juhasz, 2012 ONSC 5447.

Termination for Demolition/Renovation/Conversion

Section 50(1) of the RTA allows a landlord to serve a notice of termination if the landlord intends to:

  1. demolish the rental unit;
  2. convert it to a purpose other than residential premises; or
  3. do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit.

Termination date

The termination date in the N13 Notice must be at least 120 days after the notice is given and must be the last day of a fixed term tenancy, or if there is no fixed term, the last day of a rental period. See the above discussion about the consequence of an incorrect termination date on a notice of termination under N12 Notices for Landlord’s Own use as the same consequences for an incorrect termination date apply with respect to N13 Notices.

After being given a N13 Notice, the tenant is allowed to terminate the tenancy at an earlier date by giving the landlord ten days written notice using a Tenant’s Notice to End the Tenancy (“N9 Notice”).

Requirement of good faith

In Gordon-Kay v. Sharpe, 2025 ONSC 6856, the Divisional Court confirmed that N13 Notices served under section 50(1) of the RTA must be served in good faith. While the conduct and motives underlying a landlord requiring possession of a rental unit are not relevant, there must be an ongoing genuine intention on the part of landlords to terminate a tenancy for the purpose indicated in the notice, in a manner analogous to that required in relation to s.48(1)(a) of the RTA.

In determining whether such a genuine intent exists, the LTB must consider not only evidence relating to the time the N13 Notice was served but also events, changes in circumstance and the landlord’s conduct after the service of the notice of termination: Elkins v. Van Wissen, 2023 ONCA 789.

Permit Requirement

Under section 73(1) of the RTA, the LTB shall not terminate the tenancy on a L2 application based on a N13 Notice unless the landlord establishes at the hearing that:

  1. they have obtained all necessary permits or other authority required to carry out the activity on which the N13 Notice was based by the date of the hearing; OR

  2. they have taken all reasonable steps to obtain all necessary permits or other authority that may be required to carry out the activity on which the notice of termination was based and the required permits or other authority cannot be issued until the tenant vacates: Moneo et al. v. P&R Developments, 2023 ONSC 1526 (CanLII).

LTB orders addressing this issue include: Henley Group Ltd v Logue, 2025 ONLTB 57885 (CanLII); 1001117058 Ontario Inc. v Payne, 2025 ONLTB 93966 (CanLII); Jia v De Oliveira, 2022 CanLII 94603 (ON LTB).

Demolition

In Two Clarendon Apartments Limited v. Sinclair, 2019 ONSC 3845, the Divisional Court endorsed the LTB’s definition of the term “demolition”:

In a situation where the rental unit continues to exist, albeit in an extremely altered form, it is possible for the tenant to exercise a right of first refusal, because the rental unit is still there: the tenant may move back and continue the tenancy. In a situation where the rental unit is gone, it is not possible for the tenant to exercise a right of first refusal: the rental unit is no longer there and so the tenant cannot move back. The fact that the Act distinguishes renovations and demolitions by the tenant’s right of first refusal shows that the intention of these sections of the Act is to preserve tenancies where it is possible to do so.

Whether the landlord’s intended work is properly considered to be demolition of repairs or renovations is important because if it is a renovation, the tenant has a right of first refusal to occupy the unit after the work is completed, as set out in section 53 of the RTA. No such right exists if the rental unit is demolished.

In Noffke v Deol, 2024 ONSC 5387, the Divisional Court agreed that in the circumstances before the LTB, combining two rental units occupied by separate tenants into a single larger rental unit constituted demolition, not renovation.

Conversion

Whether or not the intended activity constitutes conversion to a non-residential use is discussed in these LTB orders: Manjunath v Gleiser, 2023 ONLTB 57362 (CanLII); TSL-66897-15 (Re), 2015 CanLII 99152 (ON LTB); TSL-12596 (Re), 2009 CanLII 51178 (ON LTB).

The LTB has held that conversion to an Air BnB is not conversion to a non-residential use see: McEwan v Holden, 2026 ONLTB 1957.

In Halkiw v. Lavin, 2025 ONSC 6048 the Divisional Court affirmed that section 73(1)(a) of the RTA prohibits the LTB from granting an application for eviction based on a N13 notice for conversion unless the LTB is satisfied that the conversion will actually take place.

Whether the landlord intends in good faith to convert the rental unit to a non-residential use is discussed in these LTB orders: 2735856 Ontario ltd v Harsini, 2025 ONLTB 38896 (CanLII); Cormier Towing & Storage v Sailes, 2026 ONLTB 2063 (CanLII); TSL-66668-15 (Re), 2015 CanLII 94900 (ON LTB); SOL-14849-11 (Re), 2011 CanLII 34688 (ON LTB).

Renovation/repair

A N13 Notice served due to repairs or renovation requires a landlord to establish that the landlord intends to do repairs or renovations that are so extensive that:

  1. a building permit is required; and

  2. the rental unit must be vacant.

Where the landlord’s application was dismissed because no building permits were required see: Jia v. DeOliveira, 2022 CanLII 94603 (ON LTB); Khan v Muhammed, 2026 ONLTB 45232.

Whether vacant possession is necessary for the landlord to do the repairs or renovations is discussed in these LTB orders: TSL-81965-17 (Re), 2017 CanLII 28702 (ON LTB); SOL-14870-11 (Re), 2011 CanLII 101419 (ON LTB).

Some municipalities have passed by-laws concerning notices of terminations for extensive repairs and renovations These by-laws generally require the landlord to obtain a licence from the municipality before serving a tenant with an N13 Notice based on this ground.

This type of municipal licence is an example of an “other authority” under section 73 of the RTA which must also be obtained prior to an order for eviction issuing. Therefore, if the landlord has not obtained a required municipal licence prior to the hearing, the LTB may dismiss the application or, adjourn the hearing where satisfied the landlord has made all reasonable efforts to obtain the licence. Parties should contact municipal authorities to obtain additional information about these by-laws and licence requirements.

Right of first refusal

Section 53 of the RTA provides that if a tenant is given a N13 Notice because of extensive repairs or renovations, the tenant can choose to move back into the rental unit after the repairs or renovations are complete. This is commonly called the “Right of First Refusal”. The rent must be the same as the rent before the tenancy was terminated. Before the tenant moves out, the tenant must inform the landlord in writing of their intent to re-occupy the rental unit. The tenant must also keep the landlord informed in writing of any change in their address.

If on or after September 21, 2026, the tenant provides the landlord with notice of their intention to move back into the rental unit, the landlord must do all of the following without delay:

  1. notify the tenant in writing of the estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations;

  2. after becoming aware of any change in a previously-estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations, notify the tenant in writing of the new estimated date; and

  3. after the rental unit is ready for occupancy, notify the tenant in writing.

The landlord must also give the tenant at least 60 days after the rental unit is ready for occupancy to exercise their Right of First Refusal where the rental unit is ready for occupancy on or after September 21, 2026.

The landlord cannot refuse to allow the tenant to move back into the rental unit if the tenant has provided written notice of their Right of First Refusal.

Compensation

Demolition and Conversion

If a tenant is given a notice because the rental unit is being demolished or is being converted to a non-residential use and is located in a residential complex that contains five or more residential units, the landlord must give the tenant an amount equal to three months' rent or offer the tenant another rental unit that is acceptable to the tenant. See NOL-07899 (Re), 2009 CanLII 77993 (ON LTB) regarding conversion.

If a tenant is given a notice because the rental unit is being demolished or is being converted to a non-residential use and is located in a residential complex that contains fewer than five residential units, the landlord must give the tenant an amount equal to one month's rent or offer the tenant another rental unit that is acceptable to the tenant.

No compensation is required if the landlord has been ordered to demolish the residential complex.

See below for a fuller discussion of compensation for all N12 and N13 Notices.

Renovations and Repairs

If a tenant is given a N13 Notice because the rental unit is being repaired or renovated, compensation is not required if the landlord has been ordered to do the work.

If the Landlord has not been ordered to do the repair or renovation, then the amount of compensation the landlord must pay depends on the number of residential units in the residential complex and whether the tenant has given the landlord written notice of their Right of First Refusal.

Where the tenant has not given the landlord written notice of their Right of First Refusal and:

Where the tenant has given the landlord written notice of their Right of First Refusal and:

See below for a fuller discussion of compensation for all N12 and N13 Notices.

Mobile Homes and Care Homes

If the landlord is giving the N13 Notice because the landlord will be converting, demolishing, repairing or renovating a site on which a tenant-owned mobile home or land lease community home is located, the landlord must give the tenant:

  1. a minimum of one year's notice; and

  2. compensation equal to one year's rent, or $3,000, whichever is less.

See section 164 of the RTA.

There are also special rules that apply to care homes, including a requirement that the landlord make reasonable efforts to find the tenant suitable alternate accommodation. See section 146 of the RTA.

Compensation Issues for all N12 and N13 Notices

If compensation is owing it must be paid by the termination date on the N12 or N13 Notice (RTA section 55.1). The LTB will not issue an order ending the tenancy and evicting the tenant unless the landlord has satisfied this obligation (RTA section 83(4)).

Where it is determined at a hearing that the required compensation has not been paid and the termination date has not yet passed, the LTB may require the landlord to pay the tenant the required compensation during the hearing or provide proof of payment before the termination date before an order issues. Otherwise, the landlord’s L2 Application may be dismissed.

Where it is determined at a hearing that the required compensation has not been paid and the termination date has already passed then the landlord’s application will be dismissed unless exceptional circumstances exist.

In 6150 Yonge GP Inc. v. Boxma, 2023 ONSC 2859, the Divisional Court confirmed that section 190(2) of the RTA grants the LTB the discretion to extend the deadline for the landlord to pay the compensation. However, LTB decisions have held that this discretion should only be exceptionally granted. For example, where the tenant has attempted to frustrate or impede a landlord’s good faith attempts to pay the required compensation. See for example: Rajavel v Smith, 2024 ONLTB 19952 (CanLII); Cyrus Bakhtiyari v Hamide Beril Gursu-Kutz, 2023 ONLTB 45866 (CanLII); Pierson v Sweet, 2022 ONLTB 156 (CanLII); Walker v Slezak Suazo, 2022 CanLII 137774 (ON LTB).

The compensation requirement may also be satisfied by a waiver of rent. The LTB has found that a waiver for this purpose must be express, unambiguous, for a specific month (or month(s)) and clearly communicated to the tenant prior to the termination date on the N12 or N13 Notice. See for example: Ghadially v Irfan, 2025 ONLTB 87006 (CanLII); Hassan v Tunney, 2025 ONLTB 64127 (CanLII); Basciano v Beattie, 2022 CanLII 80837 (ON LTB); Korman v Mcknight, 2021 CanLII 141440 (ON LTB).

If the landlord paid the tenant the required compensation and the LTB dismisses the landlord's application, the tenant may be ordered to return the compensation to the landlord (section 73.1 of the RTA).

The requirement to pay compensation when a N12 or N13 Notice is served does not apply to most social housing rental units. See section 7 of the RTA.

Prior N12 and N13 Notices

An application for termination of the tenancy based on a N12 or N13 Notice must include specified information about each N12 or N13 Notice the landlord gave to any tenant in the two years prior to the date the L2 Application was filed with the LTB. This information must be provided even if the previous N12 or N13 Notice was for a different rental unit or residential complex or if the landlord no longer owns the rental unit or residential complex (subsection 71.1(3) of the RTA). The LTB may consider this information when determining whether the landlord has satisfied the good faith requirement (subsection 72(2) of the RTA).

The LTB will not accept the L2 Application unless all the required information has been provided. In Miller Estate v. Arguelles, 2026 ONCA 518, the Court of Appeal for Ontario found that if the LTB determines at a hearing that the landlord failed to disclose any prior notices of termination as required by subsection 71.1(3) of the RTA, even where the notice was given to the same tenant, the application must be dismissed and the LTB cannot permit the application to be amended to add undisclosed notices. See also: Shafiq v. Ramsay, 2026 ONCA 517.

Where information provided about prior N12 or N13 Notices is incomplete or inaccurate, the LTB may consider whether the L2 Application substantially complies with the section 71.1(3) requirements.

Relief from Eviction

After holding a hearing, the LTB may issue an eviction order if the landlord has proven their case. The eviction enforcement date cannot be before the termination date on the N12 or N13 Notice. See section 80(1) of the RTA.

Even where the LTB finds that the landlord or purchaser requires the unit in good faith or intends to carry out the activity described in the notice, under section 83 of the RTA the LTB must consider whether to refuse to grant the application or to postpone the eviction. See Guideline 7: Relief from Eviction: Refusing or Delaying an Eviction.

Examples of LTB decisions refusing to grant eviction include: Nehmetallah v. Fehr, 2025 ONLTB 76871 (CanLII); Caputo v. Newberg, 2009 CanLII 32908 (ON SCDC); TSL-60770-15 (Re), 2015 CanLII 69062 (ON LTB); NOL-15753-14-RV (Re), 2014 CanLII 57596 (ON LTB); TSL-56775-14 (Re), 2014 CanLII 71671 (ON LTB).

No filing fee

It is the LTB’s usual practice not to order the tenant to pay the landlord’s application filing fee if the LTB terminates the tenancy based on a N12 or N13 Notice. This is because these are considered “without fault” grounds for eviction. See Guideline 3: Costs.

However, where the L2 Application involves other claims, costs may still be awarded. See for example: Danigelis v Rosacia, 2022 CanLII 83418 (ON LTB).

T5 Application - Landlord Gave Notice in Bad Faith

A former tenant may file a T5 Application with the LTB under section 57 of the RTA if the former tenant believes that:

  1. the landlord gave a notice to a tenant under section 48,49 or 50 in bad faith;

  2. the tenant moves out of the unit as a result of the landlord's notice or an application to the LTB or an order by the LTB based on such a notice; and

  3. no person specified under the appropriate subsection has occupied the unit within a reasonable time after the tenant vacated the rental unit, or the landlord did not demolish, convert or repair or renovate the rental unit within a reasonable time after the tenant vacated the rental unit.

A T5 Application filed for this reason must be received by the LTB not more than one year after the former tenant moves out of the rental unit.

The LTB holds a hearing to consider the former tenant's application and all parties have an opportunity to attend and provide relevant evidence and submissions. It is the tenant, as the applicant, who must prove all elements of the test set out above.

Who should be named as the respondent

In considering whether the former tenant has satisfied the test contained in section 57, the LTB must consider the conduct and knowledge of the landlord who served the notice of termination. If the tenancy was terminated as a result of a N13 Notice, or of a N12 Notice for personal use of a unit by a landlord, a specified family member or a person who provides or will provide care services, the landlord who served the notice should be named as the respondent.

If the tenancy was terminated as a result of a N12 Notice for personal use by a purchaser and the former tenant is alleging that the purchaser has failed to move into the rental unit within a reasonable time after the tenant vacated the rental unit, the purchaser should be named as a respondent in addition to the landlord who served the notice.

In Elkins v. Van Wissen, 2023 ONCA, the Court of Appeal for Ontario held that the LTB has the authority to find a purchaser acted in bad faith with respect to a termination of a tenancy based on an N12 Notice served under section 49 of the RTA and that the LTB can order the purchaser to pay the tenant any of the remedies listed above. See also: Motta v Patel, 2025 ONLTB 51628 (CanLII); Vasdani v Aharon, 2024 ONLTB 65651 (CanLII); Wellington v Lee, 2025 ONLTB 76429 (CanLII).

Whether a N12 or N13 Notice was served

Where the landlord has not served a valid N12 or N13 Notice, the LTB has considered whether there has been communication that amounts to a N12 or N13 Notice when determining whether the tenant has satisfied the test in s.57(1) of the RTA: See for example: Bekkers v Bretgoltz, 2025 ONLTB 44640 (CanLII); Mathews v Ponce, 2024 ONLTB 1065 (CanLII).

Bad Faith

Section 57(4) of the RTA provides that in a T5 Application, the LTB may find the landlord gave a N12 or N13 Notice in bad faith even if the LTB previously found that the notice was given in good faith in a L2 Application based on the same N12 or N13 Notice. The LTB has also found that a T5 Application for bad faith may succeed even if the prior order was on consent.

Examples of LTB orders finding the tenant satisfied the test contained in section 57 include: Thomas v. Sharma, 2026 ONLTB 41213 (CanLII); Krausewitz v. Handa, 2026 ONLTB 35765 (CanLII); Fang v. Lin, 2025 ONLTB 68761 (CanLII); Meekis v. Hallett, 2025 ONLTB 67556 (CanLII); SWT-95207-16 (Re), 2017 CanLII 9457 (ON LTB); TST-77144-16 (Re), 2016 CanLII 88292 (ON LTB).

Examples of LTB orders finding that the tenant has not satisfied the test contained in section 57 include: Levely v. Anand, 2026 ONLTB 42236 (CanLII); Rodrigues v. Balgobin, 2025 ONLTB 62828 (CanLII); Shabo v. Khalid, 2026 ONLTB 21118 (CanLII); Eslami v. Massumi, 2025 ONLTB 13026 (CanLII); TET-67474-16 (Re), 2016 CanLII 52833 (ON LTB); TST-57328-14 (Re), 2015 CanLII 93464 (ON LTB).

If the T5 Application concerns a N12 Notice served under section 48 for landlord’s own use, subsection 57(5) and (6.1) of the RTA provide that it is presumed, unless the contrary is proven on a balance of probabilities, that a landlord gave the N12 Notice in bad faith if:

  1. the T5 Application is filed after September 21, 2026, and the person indicated on the N12 Notice did not move into the rental unit within 60 days after:

    1. the termination date on the N12 Notice, if the tenant moved out of the rental unit by the termination date; or

    2. the tenant vacated the rental unit, if they moved out after the termination date on the N12 Notice; or

  2. during the period between when the tenant was given the notice and one year after the tenant moved out, the landlord:

    1. advertised the rental unit for rent;

    2. entered into a tenancy agreement in respect of the rental unit with someone other than you;

    3. advertised the rental unit, or the building that contains the rental unit, for sale;

    4. demolished the rental unit or the building containing the rental unit; or

    5. took any step to convert the rental unit, or the building containing the rental unit, to use for a purpose other than residential premises.

In any of these situations, the landlord will have the opportunity to prove at the hearing that they served the N12 Notice in good faith.

Examples of LTB orders where the landlord has rebutted the presumption that the notice was served in bad faith: Malekazari v Shabani, 2025 ONLTB 20729; Doxtater v Jiang, 2025 ONLTB 67632; Shelton v Ghatreh-Samani, 2024 ONLTB 19603.

Examples of LTB orders where the landlord has not rebutted the presumption that the notice was served in bad faith: Dabhoya v Ezuma, 2025 ONLTB 54067; Esposito v. Addis, 2023 ONLTB 49767 (CanLII); Dishke v Da Silva, 2025 ONLTB 72067; Feng Chen v Dong, 2025 ONLTB 67289.

Remedies the LTB may award

If the tenant proves all elements of the test set out above, the LTB may order the landlord (or purchaser) to pay the tenant:

  1. Rent differential:

    • This is the difference between any increased rent the former tenant has incurred or will incur as a result of moving out of the rental unit because of the bad faith termination of the tenancy. It is limited to the one-year period after the tenant vacated the rental unit. In determining the appropriate rent differential, the LTB may consider whether the tenant’s new rental unit and their old rental unit are comparable;

  2. reasonable out-of-pocket moving, storage and other like expenses that the former tenant has incurred or will incur.

  3. an order for abatement of rent:

    • A rent abatement relieves the tenant of their obligation to pay all or some portion of their rent for a specified period of time. The period of time the LTB normally considers is the period after the notice of termination was served and the day the tenant moved out.

  4. an administrative fine not exceeding the monetary jurisdiction of the Small Claims Court

  5. general compensation not exceeding one year of rent paid by the former tenant for the rental unit.

    • The former tenant does not have to have incurred any actual expenses to request this remedy. The LTB will normally consider how the bad faith termination has affected the tenant in determining the appropriate amount.

    or

  6. any other order that the LTB considers appropriate.

    • the LTB can consider issuing an order allowing the tenant to move back into the rental unit if it has not already been rented to another tenant.

    • if the landlord failed to pay the tenant the compensation required when they gave the tenant a N12 or N13 Notice, the tenant may claim the outstanding amount under 135(1.1) of the RTA. The LTB may award the tenant unpaid compensation in a T5 Application if the claim is clearly made by the tenant. Alternatively, a tenant can file a T1 Application to request an order that the landlord pay any outstanding compensation.

Where there are multiple landlords, or as between the landlord and purchaser in a T5 Application based on a N12 Notice for Purchaser’s Own Use, the Divisional Court has held that the LTB can, but is not required to, apportion liability. See Akbari et al v. Blenkinsop et al, 2024 ONSC 1184. LTB examples of where liability was apportioned: Esmaeili-Pringle v. Swapillai; Rezai, 2026 ONLTB 1742 (CanLII); Wellington v. Lee, 2025 ONLTB 76429 (CanLII).

T5 Application - Landlord Refuses to Allow Tenant to Move Back In

Where the landlord gave a N13 notice to do extensive repairs or renovations to the rental unit, a former tenant can file a T5 Application if the tenant gave written notice to the landlord that they intend to move back into the rental unit and the landlord has refused to allow the tenant to do this once the repairs or renovations are completed (Section 57.1(1) of the RTA).

Where a tenant gave notice on or after September 21, 2026, a landlord is deemed to have failed to afford a former tenant their Right of First Refusal to move back into the rental unit if the landlord does not without delay provide the tenant written notice:

  1. of the estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations;

  2. after becoming aware of any change in a previously estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations, of the new estimated date; or

  3. that the rental unit is ready for occupancy. (Section 53(2.1); 57.1(1.1))

A landlord is also deemed to have failed to afford a former tenant their Right of First Refusal if the landlord did not give the tenant at least 60 days after the rental unit is ready for occupancy to exercise their Right of First Refusal. This applies where the rental unit is ready for occupancy on or after September 21, 2026. (Section 53(2.2), 57.1(1.1) of the RTA).

LTB orders regarding this type of T5 Application include: Maclennan v Fox, 2024 ONLTB 37859 (CanLII); Godin v Freeny, 2026 ONLTB 19162 (CanLII); McClymonth v Singh Nanuan, 2025 ONLTB 41859 (CanLII).

The LTB can award the former tenant the same remedies as those described above, and repossession of the rental unit by the tenant if it has not already been rented to another tenant.

Effective September 21, 2026, the deadline for filing a T5 application for this reason is the later of the following days:

  1. two years after the former tenant moved out;

  2. six months after the repairs or renovations were completed. (Section 57.1(2) of the RTA)

For ongoing applications filed before September 21, 2026, the deadline is no more than two years after the tenant vacated the rental unit. (Section 57.1(3) of the RTA).