Ending a tenancy in Ontario involves more than choosing a moving date. The form used matters because it explains who is ending the tenancy, whether both parties agree, and what legal requirements apply.
Three commonly used forms are N9, N11, and N12. Although all relate to ending a tenancy, they serve different purposes.
N9: The Tenant Gives Notice to Leave
An N9 - Tenant’s Notice to End the Tenancy is generally used when a tenant decides to move out.
For example, a tenant who has purchased a home may use an N9 to notify their landlord that they are leaving.
For a typical month-to-month tenancy, the tenant generally must give at least 60 days’ notice, with the termination date falling on the last day of a rental period. If the rental period runs from the first to the last day of each calendar month, the termination date will usually be month-end.
A fixed-term lease adds another requirement: the termination date generally cannot fall before the fixed term ends.
Giving 60 days’ notice does not normally allow a tenant to end a one-year lease halfway through. Special circumstances may allow different notice periods or an earlier termination date.
N11: Both Parties Agree to End the Tenancy
An N11 - Agreement to End the Tenancy records a mutual agreement between the landlord and tenant.
For example, a lease may run until March, but the tenant wants to move out in December. If the landlord agrees, both parties can sign an N11 setting a December termination date.
Because the date is agreed upon, the usual 60-day notice requirement does not apply. An N11 can also end a fixed-term tenancy early.
Any arrangements involving compensation, rent adjustments, or other conditions should be documented clearly alongside the agreement.
An N11 must be voluntary. For ordinary residential tenancies, a landlord generally cannot require a tenant to sign an N9 or N11 as a condition of renting the property.
N12: The Landlord Gives Notice for Personal Occupancy
An N12 - Notice to End Your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit applies to specific personal-occupancy situations.
These may include the landlord, an eligible family member, or—in a qualifying sale—the purchaser or an eligible member of the purchaser’s family moving into the property. Certain caregiver arrangements may also qualify.
Planning to sell a rental property is not, by itself, a valid reason to issue an N12. A purchaser’s own-use notice requires an agreement of purchase and sale and must meet the applicable eligibility requirements.
An N12 generally requires at least 60 days’ notice, with a termination date that meets the rental-period and fixed-term requirements. For landlord’s own use, the intended occupant must generally plan to live in the unit for at least one year.
Compensation is usually equivalent to one month’s rent, or an alternative rental unit acceptable to the tenant. However, updated rules provide a compensation exemption for qualifying landlord’s own-use notices with at least 120 days’ notice. The applicable rules should be checked before serving the form.
Importantly, an N12 is a notice, not an eviction order. A tenant may dispute the landlord’s application at the Landlord and Tenant Board (LTB). The notice does not authorize the landlord to change the locks or remove the tenant.
Does a One-Year Lease End Automatically?
Generally, no. A typical fixed-term residential lease paid monthly automatically continues as a month-to-month tenancy when the fixed term expires, unless it is lawfully terminated.
The tenant does not normally have to move out simply because the original lease has reached its end date.
Which Form Applies?
The distinction comes down to the circumstances:
- N9: The tenant gives notice that they are leaving.
- N11: The landlord and tenant agree to end the tenancy.
- N12: The landlord gives notice because an eligible person requires the unit for personal occupancy.
Before signing or serving a form, make sure it reflects the actual situation. The notice period, termination date, and compensation requirements can affect both parties’ rights and obligations.
This article provides general information about Ontario residential tenancies covered by the Residential Tenancies Act. Rules and exceptions vary by circumstance. Consult the LTB’s current guidance or obtain legal advice for a specific tenancy.
