If you are a landlord or tenant in Ontario, several important changes to the Residential Tenancies Act, 2006—commonly known as the RTA—will take effect on September 21, 2026.
Some of these changes will speed up eviction procedures and create stricter requirements for tenants. Others will provide new protections against bad-faith N12 notices and “renovictions.”
Here is a straightforward explanation of the most important changes.
🔹 1. The N4 notice period will be reduced to seven days for all tenancies
An N4 is the notice a landlord may give when a tenant has not paid the full rent.
Currently, the minimum termination period is:
• Seven days for daily or weekly tenancies; and
• Fourteen days for most other tenancies.
Starting September 21, the minimum period will be seven days for every type of tenancy.
However, receiving an N4 does not mean the tenant will be evicted after seven days. Once the termination date passes, the landlord must still:
• File an L1 application;
• Obtain an eviction order from the Landlord and Tenant Board; and
• Use the Sheriff to enforce the order if the tenant does not leave.
The tenant’s existing right to void the N4 by paying the required rent arrears will also remain.
🔹 2. A landlord may avoid paying N12 compensation by giving 120 days’ notice
An N12 may be used when the landlord, the landlord’s spouse, child, parent, or an authorized caregiver genuinely requires the rental unit for residential occupation.
Currently, the landlord must either:
• Pay the tenant an amount equal to one month’s rent; or
• Offer the tenant another rental unit that is acceptable to the tenant.
Starting September 21, the landlord will not have to provide this compensation if all the following conditions are met:
• The N12 is given on or after September 21, 2026;
• The termination date is at least 120 days after the notice is given; and
• The termination date is the final day of a rental period or the end of the fixed-term tenancy.
This exception applies only to landlord-use N12 notices under section 48 of the RTA. It does not remove compensation where an N12 is given on behalf of a purchaser under section 49.
The requirement to act in good faith and genuinely occupy the rental unit also remains. In practical terms, the landlord may choose between giving the ordinary 60-day notice with compensation or giving at least 120 days’ notice without compensation.
🔹 3. A clearer standard for persistent late payment of rent
Starting September 21, a prescribed example of persistent late payment will exist where:
• The tenant fails to pay rent within seven days after it becomes due;
• This happens on at least three occasions; and
• The three occasions occur within any six-month period.
These occasions do not have to be consecutive.
A landlord may rely on this payment history to give an N8 and apply to end the tenancy at the end of a rental period or fixed term.
However, the regulation expressly states that other payment histories may also be considered persistent late payment. Therefore, the new rule does not create a seven-day grace period and is not the only possible definition of persistent late payment.
If the apparent late payment was caused solely by the landlord applying the tenant’s payment to another debt, such as older arrears, that occasion will not count toward the prescribed three occasions.
An N8 does not result in an automatic eviction. The landlord must still file an L2 application, prove the payment history and obtain an LTB order.
🔹 4. Tenants must pay 50% of the claimed arrears to raise certain issues at an L1 hearing
Under section 82 of the RTA, a tenant may raise matters at an L1 rent-arrears hearing that could otherwise be raised in a separate tenant application. Examples may include:
• Unresolved maintenance problems;
• Substantial interference or harassment;
• Illegal charges; or
• Other breaches of the tenant’s rights.
For L1 applications filed on or after September 21, the tenant must:
• Give the landlord and LTB the required written description and supporting evidence; and
• Pay the landlord an amount equal to 50% of the rent arrears claimed when the L1 application was originally filed.
The payment must be made no later than seven days before the hearing.
The existing statutory option allowing a tenant to provide an explanation satisfactory to the Board for failing to meet the section 82 requirements will also be removed.
This requirement is limited to raising separate tenant claims under section 82. It does not automatically prevent a tenant from:
• Disputing the landlord’s calculation of the arrears;
• Challenging the validity of the N4 or L1;
• Opposing the eviction under section 83; or
• Filing a separate T1, T2 or T6 application.
L1 applications filed before September 21 will continue under the previous section 82 rules, even if the hearing takes place after that date.
🔹 5. Setting aside an eviction order based on an N11 will become more difficult
When a landlord and tenant sign an N11 Agreement to End the Tenancy, the landlord may apply for an eviction order without an initial hearing.
A similar process may be used when the tenant has given their own notice to terminate the tenancy.
A tenant may file a Motion to Set Aside the ex parte eviction order within the statutory deadline.
Previously, the LTB could consider all the circumstances when deciding whether it would be unfair to set aside the order.
Starting September 21, the LTB will not be permitted to consider changes in the tenant’s circumstances that occurred after:
• The landlord and tenant entered into the termination agreement; or
• The tenant gave their notice of termination.
For example, losing a new apartment, losing employment or experiencing a new family problem after signing an N11 may no longer be considered in this particular fairness analysis.
The LTB may still consider:
• Whether a valid agreement or notice actually existed;
• The circumstances surrounding the signing of the agreement;
• Allegations of pressure, coercion, misrepresentation or incapacity; and
• Circumstances that existed when the agreement or notice was created.
This change applies to section 77/L3 orders. It does not change the separate section 78/L4 set-aside process involving the breach of an earlier LTB order or mediated settlement.
🔹 6. Stricter rules for postponing the enforcement of an eviction order
The LTB may currently postpone the enforcement of an eviction order for a period of time.
Starting September 21, this discretion will become more limited.
For eviction applications involving:
• Landlord’s own use;
• Purchaser’s own use;
• Demolition;
• Conversion to non-residential use; or
• Repairs and renovations;
the LTB may postpone enforcement only if it is satisfied that the postponement would not be unfair to the landlord or other tenants in the residential complex.
For all other eviction applications—including non-payment of rent, persistent late payment, damage, substantial interference and illegal activity—the LTB must be satisfied that:
• The postponement would not be unfair to the landlord or other tenants; and
• There are compelling grounds to postpone enforcement.
The term “compelling grounds” is not specifically defined, so its practical meaning will likely be developed through future LTB decisions and court cases.
This change restricts the postponement of enforcement. It does not remove:
• The LTB’s power to refuse an eviction in appropriate circumstances;
• The LTB’s duty to review the circumstances; or
• Mandatory protections against retaliatory evictions and certain serious landlord breaches.
🔹 7. Stronger protections for tenants displaced by an N13 renovation notice
A tenant who receives an N13 for extensive repairs or renovations may preserve a right of first refusal to return to the unit.
To preserve this right, the tenant must notify the landlord in writing before vacating and must keep the landlord informed of any changes to the tenant’s address.
Starting September 21, the landlord will be required to:
• Provide a written estimate of when the rental unit will be ready;
• Promptly notify the tenant of changes to the estimated completion date;
• Notify the tenant when the unit is ready for occupancy; and
• Give the tenant at least 60 days after the unit becomes ready to exercise the right of first refusal.
A returning tenant remains entitled to rent the unit at no more than the rent that could lawfully have been charged if the tenancy had not been interrupted.
If the landlord fails to provide the required notices or the 60-day opportunity, the landlord may be legally deemed to have failed to honour the tenant’s right of first refusal. The tenant may then seek compensation and other remedies from the LTB.
🔹 8. A longer deadline for right-of-first-refusal claims
Currently, a former tenant generally has two years after vacating the unit to file an application alleging that the landlord failed to honour the right of first refusal.
Starting September 21, the deadline will be the later of:
• Two years after the former tenant vacated the unit; or
• Six months after the repairs or renovations were completed.
This is particularly important where renovations take a long time or the landlord does not disclose when the unit becomes ready.
The new deadline will also apply to applications that are pending but not finally decided on September 21.
In certain circumstances, a former tenant whose earlier application was dismissed for missing the previous limitation period may file a fresh application if the new deadline has not expired.
🔹 9. A new 60-day presumption in bad-faith N12 cases
Starting September 21, a new rebuttable presumption will apply in certain bad-faith N12 cases.
Where the tenant leaves on or before the termination date stated in the N12, the person identified in the notice must occupy the unit within 60 days after that termination date.
Where the tenant leaves after the N12 termination date, the person must occupy the unit within 60 days after the tenant actually vacates.
If the required person does not occupy the unit within the prescribed period, it will be presumed that:
• The landlord gave the N12 in bad faith; and
• The unit was not occupied within a reasonable time.
This is a rebuttable presumption. The landlord may present evidence proving otherwise on a balance of probabilities.
Similarly, moving into the unit within 60 days does not automatically prove good faith. A former tenant may still use other evidence to establish that the N12 was not genuine.
This presumption applies only to landlord-use N12 notices under section 48. It does not apply to purchaser-use notices under section 49.
🔹 10. Similar changes for non-profit housing co-operatives
For members of non-profit housing co-operatives, persistent failure to pay regular monthly housing charges will include:
• Failure to pay within seven days of the due date;
• On at least three occasions;
• Within any six-month period.
As with ordinary rent, this is not the only possible definition of persistent late payment.
Where a co-operative does not consent to postponing an eviction order, the LTB must be satisfied that:
• Postponement would not be unfair to the co-operative or its other members; and
• Compelling grounds exist.
⚠️ Which proposed changes are not taking effect on September 21?
Contrary to some online summaries, the following provisions have not yet been proclaimed:
• The requirement for an N13 renovation notice to include a report from a qualified professional;
• The related requirement that the LTB consider that professional report; and
• A parallel restriction on setting aside certain ex parte eviction orders involving housing co-operative members.
📌 Final thoughts
The September 21 amendments move Ontario’s landlord and tenant system in two different directions.
Some changes will make procedures faster or impose stricter requirements on tenants, including:
• The seven-day N4 period;
• The 50% arrears payment requirement;
• New limits on setting aside certain eviction orders; and
• Stricter rules for postponing enforcement.
Other changes provide additional protections for tenants affected by N12 and N13 notices, including:
• A 60-day occupancy presumption in certain bad-faith N12 cases;
• Mandatory renovation-completion updates;
• A minimum 60-day opportunity to exercise the right of first refusal; and
• An extended deadline for right-of-return claims.
The LTB is also updating its forms and information materials. Anyone serving an N4, N12 or N13—or filing an application close to September 21—should confirm that they are using the latest official form and instructions.
Official sources: Residential Tenancies Act, 2006; Bill 60, Schedule 12; Bill 97, Schedule 7; Ontario Regulations 240/26 and 241/26.
This article provides general legal information only and is not a substitute for legal advice based on the circumstances of a particular case.
ADEL ZAREI
LICENSED PARALEGAL (ONTARIO)
ATTORNEY AT LAW (IRAN)
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