Landlord & Tenant

Landlord personal use applications after the 2026 changes

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A landlord-own-use application requires a genuine qualifying intention and compliance with the applicable notice rules. Identify the intended occupant, the relationship, and the planned occupancy before preparing an N12. Corporate ownership and purchaser-use cases raise distinct restrictions.

A small model house with a key

For qualifying landlord-own-use notices given on or after September 21, 2026, at least 120 days' notice can remove the compensation requirement. Purchaser-own-use notices do not receive that exception. The 2026 changes also address when the intended person must normally take occupancy. Keep records supporting the actual plan and any later developments. A sale strategy or desire for higher rent should not be disguised as personal use. Obtain advice on the evidence and legal requirements before making commitments about vacant possession.

Prepare the proposed occupancy plan before the notice, including who will live in the unit and why the statutory ground is said to apply. Keep the supporting records and the intended person's evidence consistent with the actual circumstances. If a purchase is involved, obtain the relevant transaction documents and distinguish purchaser-use requirements from landlord-use requirements. A promise of vacant possession made in a sale agreement does not remove the need to meet the tenancy legislation or establish the intended occupant's qualifying relationship.

Review the plan again if circumstances change after the notice is served. Preserve records explaining genuine developments rather than rewriting the earlier intention. Compensation, timing, and occupancy requirements must be checked against the notice date and the particular statutory ground. Do not assume that giving a longer notice cures an ineligible reason or supplies missing evidence of good faith. If the tenant contests the application, the file should explain the legal basis and genuine plan clearly, with realistic consideration of hearing requirements and the consequences of an unsupported application.

Talk to NEO

Discuss the proposed occupant, timing, and supporting documents with NEO before serving an N12. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Renovation notices require more than a renovation plan

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: A modern apartment building under a blue sky · A small model house with a key.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

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Law Society of Ontario — Barreau de l'Ontario
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