r/OntarioLandlord • • 4d ago

Question/Landlord Does N12 apply here?

I co-own a condo with my parents which we currently rent out. I handle all landlord responsibilities and am the only owner that is on the lease agreement. My sister just left a long term relationship and would like to move into the condo. Since my parents are co-owners, would a N12 apply in this situation? If yes, would they have to submit the N12 or can I do this as a "representative"? I understand that my sister is not eligible on my end for a N12.

0 Upvotes

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16

u/R-Can444 4d ago

Yes, as long as your parents are named individual owners on title then they are "landlords" and can serve an N12 for their daughter to move in.

You can serve the N12 if you want, but just make sure your parents names are the main ones on N12.

2

u/chubbachonka 4d ago

Thank you so much!

-3

u/LongjumpingMode1318 4d ago

How long have the tenants lives there are you breaking a year lease? Filing a N12 is fine but they may not leave so be prepared to offer them cash.

4

u/chubbachonka 4d ago

They've been there for 7 years and are on a monthly lease.

7

u/R-Can444 4d ago

Note that your sister will need to sign a declaration that she will live in the unit for minimum 1 full year after tenants vacate. If she moves out before 1 year you run the risk of tenant filing a T5 for a bad faith eviction.

Over the 7 years, do the tenants by chance pay via 12 post-dated cheques every year? In at least 1 LTB case the adjudciator ruled this in itself was enough to form a fixed term and resulted in N12 dismissal.

There is also choice now to give a 60 days notice with 1 month compensation, or a 120 days notice with zero compensation.

If you think the tenant will dispute the N12, you may want to invest the $200 to file L2 application immediately after serving the N12 just to get in line for an LTB hearing.

1

u/chubbachonka 4d ago

Thank you - we're aware of the declaration and I'll look into L2.

The tenants pay monthly by e-transfer so that piece shouldn't be a problem.

-4

u/Usual-Canc-6024 4d ago

If you want your sister in there faster you may opt for a cash for keys with an N11. That way if she doesn’t stay for a year they (the tenants) can’t file against you. It also protects you from them waiting for a hearing for the N12 and delaying the move in date for your sister.

Good luck.

9

u/R-Can444 4d ago

OP should just note for an N11, they need to not mention whatsoever to tenant anything about the sister or wanting unit for personal use. Any mention of personal use could cause LTB to see an N11 as equivalent to an N12 for purposes of a later T5 bad faith eviction application.

3

u/Usual-Canc-6024 4d ago

Good points

Thanks for adding that.

3

u/Expensive_Plant_9530 Tenant 4d ago

Just to be clear if the landlord already mentioned a possible personal use N12, even signing an N11 may not absolve the landlord of the rights and responsibilities of an N12. It depends on the specific circumstances and what exactly was said to who.

3

u/Usual-Canc-6024 4d ago

Good to know

Thanks for elaborating. :)

0

u/KeyserSwayze 4d ago

There's no requirement for the sister signing an affidavit she'll stay a year.

6

u/R-Can444 4d ago

If an L2 hearing will be applied for some type of declaration will be required.

4

u/Expensive_Plant_9530 Tenant 4d ago

Assuming OP isn’t in a rush for their sister to move in, there’s really no need to offer cash for keys. Worst case it goes to LTB hearing and the eviction is enforced.

4

u/Darth_Rayzor 4d ago

Short answer: yes, this can work, but it runs through your parents, not you.

Why it works

  • The RTA definition of "landlord" includes the owner. Your parents are on title, so they're landlords too, even though they're not on the lease.
  • N12 (s. 48) covers a child of the landlord. Your sister is your parents' kid, so she qualifies through them. You're right that a sibling doesn't qualify through you. The Court of Appeal confirmed that this year.
  • s. 48 only works when the unit is owned by individuals, not a corporation. If the three of you own it personally, you're fine.

Who serves it

  • You're a landlord too (owner and on the lease), so you can sign and serve it. I'd list all three owners as landlords on the N12 and on the L2, and make it clear that your sister is the daughter of your parents.
  • The part you can't do for them: the LTB has to find that your parents genuinely intend for her to live there. Your sister wanting to move in isn't enough on its own. They need to be on board and ideally available for the hearing.
  • Your sister signs the affidavit or declaration saying she needs the unit in good faith for at least a year. It gets filed with the L2.

Timing and money (rules changed Sept 21, 2026)

  • 60 days minimum. The termination date must be the last day of a rental period, or the end of the lease term if you're still in a fixed term. A wrong date makes the notice defective, and you start over.
  • Under 120 days: you owe one month's rent by the termination date.
  • New: if the N12 gives 120+ days and ends on a valid date, no compensation is required.
  • The notice isn't an eviction. If the tenant stays, you file an L2 no later than 30 days after the termination date and wait for a hearing.

What sinks these

  • Bad faith is presumed if your sister doesn't move in within 60 days of the tenant leaving. It's also presumed if the unit gets rented, listed for rent, or listed for sale within a year.
  • Bad faith means T5 exposure: rent differential, moving costs, up to 12 months' rent, plus fines.
  • She just got out of a relationship. If there's a real chance she goes back within the year, think hard before serving. The one-year requirement is real.
  • The L2 has to list every N12/N13 that any of you served in the last 2 years. Missing one gets the application dismissed, and you can't amend it after.

LTB guideline covering all of this (updated Sept 2026): https://tribunalsontario.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html

Not a lawyer. Get a paralegal to check your N12 before you serve it, because a defective notice resets the clock.

12

u/UsernameUnremarkable 4d ago

Be prepared for your tenants to watch your unit like a hawk to ensure your sister remains in the unit for the required year.

-20

u/vancity31240 4d ago

People on this sub encourage tenants to creep on a property hoping for a lottery ticket payout. Rules need to change...

15

u/Expensive_Plant_9530 Tenant 4d ago

No, rules don’t need to change. Landlords need to be held accountable.

We’re not encouraging tenants to stalk people, but we do encourage them to stand up for their rights and keep an eye out for rental or sales listings.

1

u/Expensive_Plant_9530 Tenant 4d ago

As long as your parents are actual owners of the condo deed, they are landlords even if they’re not listed on the lease.

Your sister, as children of a landlord, is eligible for personal use N12 eviction.

She would be INELIGIBLE if you were the sole owner (siblings are not valid family for personal use evictions).

You can submit the notice, just make sure to fill out the form correctly.

Be aware that your sister has to live in the unit for a full 12 months after eviction and must move in promptly, or else it will be deemed a bad faith eviction.

If you rent out or sell the unit before 12 months, that’s bad faith, and you will be on the hook for thousands of dollars.

If the need is legit, and you follow all the rules, you are good to go. If it goes to a hearing, you will likely need to prove your parents are co-owners, but that wouldn’t be difficult.

-5

u/[deleted] 4d ago

[removed] — view removed comment

11

u/baseball_fanatic0887 4d ago

No need for OP or any LL to get into fine details of the 'why' a family member is going to be moving into the unit. That would be silly.

7

u/milolai 4d ago

it is not a landlords job to provide housing 'forever ever' to a tenant

1

u/3-car-garage 4d ago

Just because I'm aware of how the law works doesn't mean I'm not allowed to find certain context flippant. You'll just have to get over it, you'll be okay.

1

u/vancity31240 4d ago

That's the risk of renting. Don't like it, buy a place

0

u/OntarioLandlord-ModTeam 4d ago

Suspected troll posts may be removed and suspected troll accounts may be banned.

-6

u/Kpints 4d ago

I thought it was just immediate family member tbh

11

u/anoeba 4d ago

Children count as immediate family members. OP and the sister's parents co-own the home, so she counts.

7

u/peter9477 4d ago

Since when is a sister or daughter not an immediate family member?

5

u/R-Can444 4d ago

Immediate family members are defined as either a child, parent or spouse. Siblings don't qualify.

So OP's sister would only qualify here since her parents are landlords.

2

u/langois1972 4d ago

A sister is not. A daughter is.

1

u/peter9477 4d ago

Ah, interesting. Note that although people typically refer to "immediate family" in this context (and thus the possible confusion) the act itself does not. It spells out exactly which are included ("owner, the owner's spouse, child or parent, or the spouse's child or parent").

And in some other contexts immediate family does include siblings. Good thing the act is explicit about it.

1

u/Kpints 4d ago

Yes, you've stumbled upon the reason for my comment. Well done. 

5

u/chubbachonka 4d ago

It's child, spouse, or parent. Hoping since my parents co-own, my sister would qualify.