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Real Estate

Can a tenant sue for a bad-faith N12 eviction if the new owner doesn't actually move in?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. The Residential Tenancies Act, 2006 allows a tenant to apply to the Landlord and Tenant Board for a remedy where they believe a purchaser's or landlord's own-use notice was not given in good faith, meaning the person who claimed they needed the unit never actually genuinely intended to move in, or did not follow through. If the Board finds bad faith, the consequences for the person who gave the notice can be significant.

This matters directly for a new owner who used this kind of notice to gain vacant possession after a purchase, since the genuineness of the intention to occupy is exactly what can be scrutinized after the fact, not just what was said at the time. If your plans change after obtaining vacant possession this way, understand that a former tenant may still be able to challenge what happened, and the outcome depends on the specific facts about your actual intentions and conduct. Anyone using this process, whether the original owner or a purchaser, should be prepared to demonstrate a genuine intention to occupy, since this is squarely what a bad-faith claim puts in question.

Key takeaways

  • Tenants can apply to the Landlord and Tenant Board if they believe an own-use notice was not genuine.
  • A bad-faith finding can lead to significant consequences for the person who served the notice.
  • What actually happens after the tenant leaves can be scrutinized, not just the stated intention.
  • Anyone using this process should be prepared to show a genuine, followed-through intention to occupy.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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