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Get My Free Estimate →A sale does not end a tenancy. Under s. 18 of the Residential Tenancies Act the tenancy runs with the land and the purchaser becomes the landlord on the existing terms. Buyer showings require 24 hours’ written notice stating the reason, the day and a time between 8 a.m. and 8 p.m. (s. 27(2) and (3)) — there is no informal-notice route for purchasers. A purchaser’s own use notice under s. 49 is available only where the complex has no more than three residential units or the seller is a condominium unit owner, needs at least 60 days, and requires one month’s rent in compensation. The 120-day waiver arriving 21 September 2026 does not apply to purchaser’s own use.
A sale does not end a tenancy. That single fact resolves most of the anxiety around this, and it is worth stating before anything else, because a lot of tenants are told otherwise by people who ought to know better. This page covers what a landlord and their agent can and cannot do during a listing, and what happens on the other side of a closing.
Showings: 24 hours, in writing, between 8 a.m. and 8 p.m.
Under s. 27(2) of the Residential Tenancies Act, a landlord — or a broker or salesperson registered under the Trust in Real Estate Services Act, 2002, with the landlord’s written authorisation — may enter to show the unit to a potential purchaser on written notice given at least 24 hours before the time of entry.
Section 27(3) says what the notice must contain: the reason for entry, the day of entry, and a time of entry between 8 a.m. and 8 p.m. Not a window of “sometime Saturday”. A day and a time.
| Showing to a potential purchaser | Showing to a prospective tenant | |
|---|---|---|
| Written notice required | Yes, always — 24 hours | Not required |
| Hours | 8 a.m. to 8 p.m. | 8 a.m. to 8 p.m. |
| Preconditions | None beyond the notice | Only after notice of termination has been given, or the parties have agreed the tenancy will end |
| Section | s. 27(2) and (3) | s. 26(3) |
There is no informal-notice route for buyer showings. Section 26(3) lets a landlord show a unit to prospective tenants on informal notice, but only once the tenancy is ending. There is no equivalent for purchasers. Every buyer showing needs 24 hours in writing, with a stated day and time. An agent who tells you otherwise is wrong, and it is worth being polite but firm about it.
Tenant consent is not required where s. 27 has been complied with — a tenant cannot refuse a properly noticed showing. But the notice has to be real. Improper entry engages s. 29(1), under which a tenant can apply to the Board for substantial interference with reasonable enjoyment or harassment.
Two other entry routes exist under s. 26(1): at any time in a genuine emergency, and at any time if the tenant consents at the time of entry. A consent given three weeks ago in a text message is not consent at the time of entry.
When it sells: the tenancy comes with it
Under s. 18 of the Act, covenants concerning things related to a rental unit run with the land. The purchaser takes the property subject to the existing tenancy and becomes the landlord on the existing terms. Same rent. Same deposit. Same lease. Section 39 puts the other side of it: a landlord shall not recover possession unless the tenant has vacated or abandoned the unit, or the Board has ordered eviction.
A sale is not a ground of termination. The end of a fixed term is not a ground of termination. The only routes to possession are the ones set out in the Act, and each has its own conditions.
The purchaser’s own use notice, and its limits
Section 49 allows a notice where the buyer, or the buyer’s spouse, child or parent, or a caregiver for one of them, in good faith requires possession for residential occupation. It is available in two situations only:
| Available | Not available |
|---|---|
| s. 49(1) — the agreement of purchase and sale is for a residential complex containing no more than three residential units. | A rental unit in a complex of four or more units that is not a condominium. There is simply no purchaser’s own use notice available. |
| s. 49(2) — the seller is a condominium unit owner selling that unit. | A purchaser buying an entire apartment building who wants a specific unit. |
| Requirement | Detail | Section |
|---|---|---|
| Notice period | At least 60 days, and the termination date must be the day a period of the tenancy ends, or the end of a fixed term. | s. 49(3) |
| Tenant may leave earlier | On at least 10 days’ notice. | s. 49(4) and (5) |
| Compensation | One month’s rent, or another rental unit the tenant accepts. | s. 49.1(1) |
| When compensation is due | No later than the termination date in the notice. | s. 55.1 |
The 120-day compensation waiver coming on 21 September 2026 does not apply here. It amends s. 48.1, which governs a landlord’s own use notice. Section 49.1 is untouched. A purchaser’s own use notice will still require one month’s rent after 21 September 2026, no matter how much notice is given. This is the single most misreported point about the change — see the full explanation.
Bad faith is expensive
Under s. 57, if the Board finds a s. 48, 49 or 50 notice was given in bad faith and the tenant vacated as a result, it can order general compensation of up to twelve months of the last rent charged, plus the difference between the old rent and what the tenant now pays, plus moving and storage costs, plus an administrative fine. Section 57.1 covers failure to give a tenant the right of first refusal after a renovation notice.
From 21 September 2026, O. Reg. 240/26 prescribes the limitation period in s. 57(6.1): 60 days after the termination date, or after the tenant actually vacates if that is later. If you are a former tenant who thinks a notice was not genuine, that window matters.
Two other provisions worth knowing
Section 56. Where a unit becomes separately conveyable through a Planning Act consent or a plan of subdivision, the landlord may not give a s. 48 or s. 49 notice to a person who was a tenant at the time of the consent or approval. Severance does not create a route to vacant possession.
Section 51. Conversion to condominium carries its own security-of-tenure protections for sitting tenants.
If you are the owner selling
Plainly: a tenanted unit is harder to sell to an end user and easier to sell to an investor, and pricing it as though vacant possession is available when it is not causes deals to collapse at the worst possible moment. The right sequence is to establish what is actually available — which turns on how many units the complex has, whether it is a condominium, and who intends to occupy — before the listing goes live, not after an offer comes in.
Good showing practice also protects the sale. A tenant who is given proper written notice with a stated day and time, consistently, tends to cooperate. A tenant who is being pushed tends not to, and there is very little a seller can do about that.
Selling a tenanted unit, or buying one?
Whether vacant possession is even available turns on facts most people get wrong: how many units the complex contains, whether it is a condominium, and who intends to occupy. I would rather establish that before the listing goes live than after an offer falls apart. Send me the address and the tenancy details.
connect@jatindua.com · 437-987-1925 · Book a free consultation
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Frequently asked questions
Do I have to move out if my landlord sells?
No. Under s. 18 of the Act the tenancy runs with the land and the purchaser becomes your landlord on the same terms. Section 39 prevents a landlord from recovering possession unless you vacate or the Board orders eviction. A sale is not a ground of termination.
How much notice does an agent have to give before a showing?
At least 24 hours, in writing, and the notice must state the reason for entry, the day of entry, and a time between 8 a.m. and 8 p.m. That is s. 27(2) and (3). A vague window is not compliant notice.
Can I refuse a showing?
Not where proper notice has been given — your consent is not required. But the notice has to comply. Improper entry can be raised under s. 29(1) as substantial interference with reasonable enjoyment or as harassment.
Can the buyer give me an N12 to move in?
Only in narrow circumstances. A purchaser’s own use notice under s. 49 is available where the agreement is for a residential complex containing no more than three residential units, or where the seller is a condominium unit owner selling that unit. There is no purchaser’s own use notice for a unit in a larger non-condominium building.
How much compensation do I get on a purchaser’s own use notice?
One month’s rent, or another rental unit you accept, under s. 49.1(1) — payable no later than the termination date in the notice. The 120-day compensation waiver coming into force on 21 September 2026 amends the landlord’s own use provision, not this one, so it does not change purchaser’s own use compensation.
What if the buyer never moves in?
Under s. 57 the Board may find the notice was given in bad faith and order general compensation of up to twelve months of the last rent charged, plus the rent differential, moving and storage costs, and an administrative fine. From 21 September 2026 the prescribed limitation period is 60 days after the termination date or after you actually vacate, whichever is later.
Does my deposit transfer to the new owner?
The tenancy continues on its existing terms, so the rent deposit and the tenancy relationship carry over. Interest on a rent deposit continues to accrue under the Act. If a new owner tells you the deposit does not transfer, that is a matter to raise with a legal clinic.
Related reading
- N12 compensation and the 120-day rule
- Bill 60 and Ontario tenancy law: the in-force tracker
- Above-guideline rent increases: the three grounds and the cap
Sources
Every figure on this page traces to one of these, and each was read on 30 August 2026. Primary sources only — statute, regulation, and the government or agency that administers the rule. Where I could not verify something from a primary source, the page says so instead of guessing.
- Residential Tenancies Act, 2006, S.O. 2006, c. 17 — e-Laws consolidation. Official consolidation. Consolidation period stated on the document: from July 1, 2026. Last amendment: 2025, c. 14, Sched. 12. Accessed 30 August 2026.
- The Ontario Gazette, Volume 159, Issue 32 (PDF). Published 8 August 2026. Carries O. Reg. 240/26 and companion regulations under the Residential Tenancies Act, commencing on the latest of 21 September 2026 and the commencement of the related Schedule 12 provisions. Accessed 30 August 2026.
- Landlord and Tenant Board. Tribunals Ontario. The tribunal with exclusive jurisdiction over most residential tenancy disputes in Ontario. Accessed 30 August 2026.
- Landlord and Tenant Board — forms and filing. Tribunals Ontario. The N-series notices and L/T-series applications, in their current approved forms. Accessed 30 August 2026.
- Bill 60 as passed (PDF). The Royal Assent print. Schedule 12 amends the Residential Tenancies Act; s. 15 of that Schedule sets commencement by order of the Lieutenant Governor in Council. Accessed 30 August 2026.
About the author — Jatin Dua, Etobicoke real estate agent
I’m the Broker of Record at RE/MAX Quantum Realty, 799 The Queensway in Etobicoke. I write these pages the same way I work a file: read the primary source, quote it, date it, and say plainly where the source is silent or where two sources disagree. If a figure on this page has no citation beside it, that is a mistake and I want to hear about it.
I work with buyers, sellers, renters and investors across Etobicoke, Mimico, Humber Bay Shores, New Toronto, Long Branch, Alderwood and Stonegate–Queensway. connect@jatindua.com or 437-987-1925.
