Ontario condo owners · 2026 seller guide
Yes—but a sale, a showing and vacant possession are three separate questions. See the options before promising your buyer a move-in date.
The real seller dilemma
Imagine a Humber Bay Shores landlord deciding to sell a condo with a paying tenant. An investor might want the rent and a continuing tenancy. Another buyer might want to move in. The owner wants a reliable closing date, while the tenant has a home and an existing legal agreement.
Selling the property does not automatically terminate an Ontario tenancy. The new owner may acquire the property with the existing lease. Other arrangements may be possible, but they depend on the actual lease, good faith, the law and properly negotiated contractual terms. The example above is hypothetical—not a real tenant case.
Before setting a launch date or using phrases like “vacant on closing,” ask which buyer you are marketing to and exactly what you can lawfully deliver.
Choose your strategy before your listing promise
Market to buyers who understand the existing rental arrangement.
No promise that the tenant must vacate simply because ownership changes.
Your pool of potential buyers and their financing needs can differ from owner-occupants. The sale price outcome cannot be assumed.
Current lease term, rent, lawful deposits and payment records, unit conditions, and what the purchaser will assume.
Explore an arrangement only if the tenant freely wishes to consider it.
A documented and genuinely agreed timeline may give both parties more clarity.
The tenant can decline. Pressure, misleading statements, or a poorly drafted agreement may create serious legal and closing problems.
The tenant’s genuine choice, a lawyer-reviewed written agreement and any negotiated consideration or conditions.
Where a qualifying buyer genuinely intends to live in the unit.
A lawful purchaser-own-use route may exist for an eligible condominium sale.
It is not automatic on signing. Proper notice, the fixed term, compensation, evidence and potentially an LTB order matter.
Signed purchase agreement, actual buyer intent, current N12/L2 rules, proper timing and counsel’s view of vacant-possession terms.
These are approaches to discuss with your real-estate lawyer—not guaranteed routes to a vacant closing or higher sale price. A tenant can decide not to enter a voluntary agreement.
Showings and the tenant’s home
Ontario’s Residential Tenancies Act, section 27(2), allows a landlord—or an registered real-estate professional with the landlord’s written authorization—to enter for prospective purchaser viewings with at least 24 hours of written notice. The written notice must state the reason, the day and a time between 8 a.m. and 8 p.m. The tenant’s permission at the time can create a different lawful entry basis, but it should not be assumed.
Do not apply the different entry rules for showing a unit to prospective new tenants after a termination notice to a home you are showing to buyers. Respectful notice coordination also reduces wasted showings and conflict.
Listing photography is a separate decision: do not assume lawful entry means blanket permission to publish identifiable occupants, sensitive documents or personal possessions online. Plan images, privacy and staging with appropriate consent and professional advice.
Crucial October 2026 distinction
For certain landlord-own-use N12 notices served on or after September 21, 2026, providing at least 120 days’ notice can remove the usual compensation/alternate-unit requirement. This depends on the current legal conditions and does not turn a notice into an immediate eviction.
For a qualifying purchaser-own-use N12, current LTB instructions still require compensation equal to one month’s rent or another acceptable rental unit. The seller normally serves the notice on the purchaser’s behalf after an eligible signed purchase agreement, and the buyer must genuinely intend qualifying residential occupation.
For purchaser-own-use, the N12 termination date generally needs at least 60 days’ notice and cannot be before the last day of the fixed tenancy term; it must match the applicable rental period timing. Legal exceptions and transition rules can matter. Even a properly served N12 is not a guaranteed move-out date—an LTB process or order may be necessary. Do not promise a date based solely on a proposed notice.
Read the LTB’s September 21, 2026 update ↗A more reliable sale process
Confirm whether the tenancy is fixed-term or month-to-month, the accurate rent, payment and deposit record, services, parking, condo rules and any existing disputes. Avoid circulating sensitive tenant documents beyond legitimate transaction needs.
Compare selling with the existing tenant against a genuinely agreed departure or a qualifying buyer-use route. Discuss financing and timing consequences with a lawyer before writing a closing promise.
Explain the plan to the tenant. Give proper individual written notices for prospective purchaser viewings and schedule only lawful entry hours. Separate photography permissions from entry rights.
Have the lawyers specify what tenancy documents, deposits, adjustments, representations and possession obligations transfer; do not substitute a marketing promise for a legal condition. Keep buyer and tenant informed of confirmed facts.
The comparison buyers and sellers need
If a buyer needs the home by a strict date, have a lawyer review the offer’s vacant-possession wording and the consequences of delay before acceptance. A legal notice and a real-estate transaction have different processes and deadlines.
What can an owner prepare this week?
Start with your actual lease and property facts. Then ask your Ontario real-estate lawyer to confirm what can be offered and what must remain conditional. A listing should not present an uncertain legal process as a guaranteed service.
Owner and buyer FAQs
Generally yes. Selling an RTA-covered rented property does not by itself end the tenancy. A purchaser ordinarily assumes the existing tenancy unless it is lawfully terminated or voluntarily ended through a valid process. The exact contract and circumstances require legal review.
Under section 27 of Ontario’s Residential Tenancies Act, a landlord or a properly authorized registered real estate professional generally must give at least 24 hours of written notice stating the reason, date and time, with entry scheduled between 8 a.m. and 8 p.m. Different rules for showing to prospective new tenants should not be confused with buyer showings.
Listing or selling a property does not itself make the tenant leave. Any early agreement must be genuine and lawfully documented. For a qualifying purchaser’s genuine residential use, specific N12/LTB procedures may be available after an Agreement of Purchase and Sale, but are not guaranteed.
No. The September 21, 2026 change regarding some landlord-own-use notices does not apply to purchaser-own-use notices. Current LTB instructions continue to require one month’s rent as compensation or another acceptable rental unit for a qualifying purchaser-own-use N12. Obtain legal advice on the actual facts.
A valid N12 purchaser-use termination date generally cannot be earlier than the end of the fixed term, and other legal requirements also apply. The buyer’s desired moving date does not override the actual lease. Plan closing terms with legal counsel accordingly.
No. A termination notice is not itself an eviction order. The tenant can dispute or remain and a Landlord and Tenant Board process may be required. Do not unconditionally promise vacant possession based only on an assumed outcome or timetable.
Viewing access and advertising images are separate considerations. Discuss photography, personal privacy and identifiable belongings with the tenant; get appropriate permission and remove personal information. Consult the brokerage and legal counsel where there is disagreement.
Current Ontario legal sources
Last reviewed October 15, 2026. This is general Ontario resale information; specific tenancies, RTA exceptions, transition rules, agreements and LTB decisions depend on facts and dates. Do not rely on the article as individualized legal advice or a promise of vacant possession.
Make a realistic tenanted sale plan
Share the property address, your general timing and whether the unit is tenanted. Do not send the tenant’s personal identifiers or documents through the initial contact form. I can help plan the listing and coordinate the questions your lawyer needs to resolve.