N12 Affidavit and Serial-Evictor Disclosure: 2026 LTB Filing Rules

What the LTB rejects in 2026

Two filing requirements get L2 applications thrown out before they ever reach a hearing. Both have been in the rules for some time, and both are being enforced more strictly in 2026.

First, the affidavit. RTA section 72(1) requires the landlord to file an affidavit, sworn by the person who personally requires the rental unit, certifying that the person in good faith requires the unit for personal use for at least one year. The LTB’s Interpretation Guideline 12 confirms the requirement and clarifies that a sworn declaration is acceptable as an alternative when it certifies the same intent.

Second, the 2-year disclosure. Effective September 1, 2021, an application for termination based on an N12 or N13 notice must include specified information about each N12 or N13 the landlord gave to any tenant in the two years prior to filing. The LTB’s own guidance is unambiguous: the LTB will not accept applications missing this information.

Who has to sign the affidavit

The intended occupant signs. That means:

• If the landlord is moving in — the landlord signs.
• If a family member is moving in — that family member signs.
• If a purchaser is moving in — the purchaser (or the purchaser’s qualifying family member) signs.

What does not work:

• The landlord signing the affidavit for a family member who actually plans to occupy the unit.
• A paralegal or property manager signing “on behalf of” the occupant.
• An unsworn declaration that has not been commissioned by a Notary Public or Commissioner of Oaths.

The 2-year disclosure: what counts

The disclosure window is the two years before the date you file the L2 application, not the two years before the date the N12 was served. Items you must disclose:

• Every N12 you served on any tenant of any of your properties.
• Every N13 you served on any tenant of any of your properties.
• Notices you withdrew, settled, or never followed up with an L2 application — they still count.
• Notices issued by a closely related landlord entity (related corporation, family-controlled numbered company). The conservative practice is to disclose and explain the relationship.

For each prior notice, the disclosure asks for: which property, the unit, the date served, whether the qualifying person actually moved in, and how long they stayed if they did. Adjudicators look at the pattern, not just the individual notice in front of them.

How to file: complete the LTB checklist

Common dismissal scenarios to avoid

• The wrong person signed. A purchaser’s lawyer or the landlord signed instead of the actual occupant. Dismissed.
• Affidavit not commissioned. A typed statement, even if signed, without a Notary or Commissioner stamp. Dismissed.
• Forgot a withdrawn N12 from 14 months ago. A tenant’s paralegal raises it at the hearing. Bad faith dismissal.
• Related-entity N12 not disclosed. A sibling’s numbered company served an N12 last year on a different property. Adjudicator finds the relationship at the hearing. Dismissed.
• Compensation missed. One month’s rent not paid before the termination date. Dismissed even with a perfect affidavit and disclosure.

Bad-faith consequences

Bad-faith dismissal is not the end of the exposure. A tenant who proves the N12 was filed in bad faith can apply under RTA section 57 for: an order to return them to the unit, abatement of rent, general damages, and increased rent or moving costs at a comparable unit. The LTB can also issue administrative fines for bad-faith evictions.

Bill 60 raises the maximum. Once proclaimed in force, the maximum bad-faith eviction fine increases from $50,000 to $100,000 for individuals, and to $250,000 for corporations. Bill 60 received Royal Assent on November 27, 2025, but the relevant section is not yet proclaimed (see our Bill 60 implementation status guide). The $50,000 maximum applies until proclamation.

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Frequently asked questions