Ontario RTA Changes Coming September 21, 2026: What Windsor-Essex Landlords and Tenants Need to Know
Ontario landlords and tenants are about to see another round of changes to the Residential Tenancies Act, 2006, and some of them are significant.
Effective September 21, 2026, amendments introduced through Ontario’s Fighting Delays, Building Faster Act, 2025 (Bill 60) and Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) will change several rules involving unpaid rent, persistent late payment, landlord’s-own-use evictions, eviction hearings, renovation-related tenancies and the Landlord and Tenant Board’s ability to delay certain evictions.
For landlords and tenants in Windsor-Essex, the important thing is to understand what these changes actually do, because they don’t all favour one side.
Some create faster or more defined processes for landlords. Others add additional protections and responsibilities where tenants are displaced for renovations or a landlord claims a rental unit for personal use.
Here’s what you need to know.
First, the Effective Date Is September 21, 2026
There has been some confusion around the timing of Ontario’s latest rental-law changes.
The Province has formally set September 21, 2026 as the effective date for the RTA amendments discussed below.
A separate series of changes took effect July 1, 2026, including changes involving LTB reviews, air conditioners, payment agreements and maximum fines.
The September changes are a different package.
1. The N4 Timeline for Unpaid Rent Is Getting Shorter
One of the most noticeable changes involves non-payment of rent.
Currently, for most monthly tenancies, a landlord who serves an N4 Notice to End a Tenancy Early for Non-payment of Rent must give a termination date at least 14 days after the notice is given.
Beginning September 21, that minimum period becomes seven days for all tenancies.
For landlords, this means the formal process can move more quickly after rent has not been paid.
For tenants, it makes responding to an N4 more time-sensitive.
Importantly, receiving an N4 still does not mean a tenant is automatically evicted.
An eviction can only be ordered through the Landlord and Tenant Board, and the RTA continues to contain provisions allowing a non-payment notice or eviction order to be voided when the required arrears and other applicable amounts are paid within the prescribed time.
The major change here is the timeline, not the removal of the tenant’s ability to remedy the arrears.
2. Ontario Is Defining One Example of “Persistent Late Payment”
Persistent late payment has already been a ground upon which a landlord can seek to terminate a tenancy.
Beginning September 21, Ontario’s regulations provide a much clearer example of what can qualify.
A persistent failure to pay rent on time will include circumstances where a tenant has failed to pay rent within seven days of the due date on at least three occasions within a six-month period, provided the lateness was not caused solely by how the landlord applied payments to other amounts owing.
There is an important distinction here.
The regulation does not say that three late payments within six months are the only circumstances that can amount to persistent late payment.
It specifically leaves room for other patterns of late payment to potentially qualify.
What this means for landlords
Good record keeping becomes even more important.
Landlords should be documenting:
- The date rent was due
- The date payment was received
- The amount received
- Outstanding arrears
- How payments were applied
- Written communication regarding late payments
What this means for tenants
Repeatedly paying rent more than seven days late can now create a much clearer basis for a persistent-late-payment application, even if the rent is eventually paid.
3. A Major Change to Landlord’s-Own-Use Notices
This is an important change, particularly for smaller landlords.
Under section 48 of the RTA, a landlord can seek possession of a rental unit in good faith because the landlord or certain qualifying family members or caregivers intend to occupy it for at least one year.
Currently, the landlord is generally required to provide the tenant with one month’s rent as compensation or offer another acceptable rental unit.
As of September 21, there will be an exception.
If a landlord gives a section 48 notice on or after September 21 and:
- Gives at least 120 days’ notice
- Uses a termination date that falls at the end of the tenancy period, or at the end of the fixed term where applicable
the landlord will no longer be required to provide the one month’s compensation or alternate rental unit.
If the landlord gives the shorter statutory notice instead, the compensation requirement continues to apply.
A very important distinction for real estate transactions
This new exception applies to section 48, landlord’s own use.
It does not remove the compensation requirement where a landlord gives notice on behalf of a purchaser who intends to occupy the property under section 49.
That distinction matters when buying or selling a tenant-occupied property.
A sale of a property by itself does not end a tenancy, and landlords, buyers and sellers should be particularly careful about assuming the new 120-day rule applies to every N12 situation.
4. New Presumption in Bad-Faith Landlord’s-Own-Use Cases
Ontario is also strengthening the rules surrounding what happens after a tenant moves because a landlord said the property was required for personal use.
Beginning September 21, if the landlord or other qualifying person does not move into the rental unit within the prescribed period, there can be a presumption of bad faith unless the landlord proves otherwise.
The prescribed period is generally 60 days:
- If the tenant moves out on or before the termination date, the qualifying person is expected to occupy the unit within 60 days after that termination date.
- If the tenant moves out after the termination date, the 60-day period runs from the day the tenant actually vacates.
This does not mean every delay automatically results in a finding of bad faith.
It creates a rebuttable presumption, meaning the landlord can present evidence explaining the circumstances.
However, it does make documentation of a genuine personal-use situation even more important.
For landlords, an N12 should never be viewed simply as a convenient way to obtain vacant possession.
The intention to occupy must be genuine.
5. Tenants Raising Their Own Issues at a Non-Payment Hearing Face New Requirements
Another significant change applies when a landlord has filed an application involving non-payment of rent.
Currently, a tenant may sometimes raise their own RTA issues during that hearing, such as maintenance concerns or allegations that the landlord has breached the Act.
For applications subject to the new rules, a tenant wishing to raise those issues must satisfy additional requirements.
Among them, the tenant must:
- Give the landlord advance written notice in accordance with the LTB rules
- Pay half of the rent arrears that were claimed when the landlord’s application was filed
- Make that payment no later than seven days before the hearing
The previous provision allowing a tenant to give the Board a satisfactory explanation for failing to comply with the procedural requirements is also being removed.
This does not prevent a tenant from separately pursuing legitimate maintenance, interference or other RTA claims.
It changes when those issues can be raised directly within a landlord’s non-payment proceeding.
For tenants facing an arrears hearing, getting advice early will become increasingly important.
6. The LTB Will Have Less Flexibility to Postpone Some Evictions
The Landlord and Tenant Board currently has discretion in certain circumstances to postpone enforcement of an eviction order.
Beginning September 21, that discretion becomes more structured.
Unless the landlord consents to a postponement:
For evictions based on landlord’s own use, purchaser’s own use, demolition, conversion or major repairs, the Board must be satisfied that postponing enforcement would not be unfair to the landlord or other tenants in the residential complex.
For other eviction applications, the Board must be satisfied both that:
- A postponement would not be unfair to the landlord or other tenants, and
- There are compelling grounds for the postponement.
This change affects the Board’s ability to delay enforcement of an eviction order.
It should not be confused with the Board’s separate authority under section 83 to consider whether an eviction should be refused in appropriate circumstances.
7. Agreements to End a Tenancy Carry More Consequences
There are also changes affecting situations where a tenant has agreed to terminate a tenancy or has themselves given notice to leave, but later remains in the rental unit.
In certain circumstances, a landlord can obtain an eviction order without first holding a full hearing.
A tenant may then seek to have that order set aside.
Under the new rules, when deciding whether to set aside such an order, the LTB will not consider changes in the tenant’s circumstances that arose after the tenant entered into the termination agreement or gave the notice to terminate.
The practical lesson for tenants is important:
Do not sign an agreement to terminate a tenancy unless you understand what you’re agreeing to and genuinely intend to leave.
For landlords, properly completed written agreements and notices will carry even greater importance.
8. Stronger Rules Around Renovations and a Tenant’s Right to Return
Some of the September changes strengthen tenant protections when a tenant must leave a rental unit for major renovations but has exercised their legal right of first refusal to return afterward.
Where the tenant has properly notified the landlord that they want to return, the landlord will be required to provide written updates, including:
- The estimated date the unit will be ready following the renovations
- Any changes to that estimated date
- Written notification when the unit is actually ready for occupancy
Once the rental unit is ready, the landlord must give the former tenant at least 60 days to exercise the right of first refusal and return to the unit.
A landlord who fails to follow these requirements can be deemed to have failed to provide the tenant with their right of first refusal.
For landlords planning substantial renovations, communication and documentation will therefore become an important part of RTA compliance.
9. Tenants Will Have More Time in Some Right-of-First-Refusal Claims
Ontario is also changing the limitation period for a former tenant who alleges that a landlord failed to honour their right of first refusal after renovations.
Under the new rule, an application can generally be made up until the later of:
- Two years after the tenant vacated the rental unit, or
- Six months after the repairs or renovations were completed.
This matters because renovations can take considerable time.
Under a strict two-year period measured only from the date the tenant left, a tenant could potentially lose much of the time available to bring a claim while the renovation was still underway.
The new rule addresses that issue.
What Do These Changes Mean for Windsor-Essex Landlords?
For landlords, the September changes generally make procedure, documentation and timelines even more important.
A few practical takeaways:
- Keep detailed rent-payment records.
- Use the current LTB forms.
- Do not assume an old notice period still applies.
- Understand the difference between landlord’s-own-use and purchaser’s-own-use notices.
- Document the genuine intention behind an own-use eviction.
- Keep written records when tenants intend to return after renovations.
- Be careful with agreements to terminate tenancies.
- Seek legal advice when the facts are complicated.
The RTA is highly procedural. A landlord can have a legitimate reason for seeking possession and still run into difficulty if the required notice, timing or documentation is incorrect. Maximizing your investment – The Benefits of Windsor Real Estate.
What Do These Changes Mean for Windsor-Essex Tenants?
Tenants also need to pay closer attention to deadlines.
In particular:
- An N4 will have a shorter termination timeline.
- Repeated late rent payments can have more serious consequences.
- Raising tenant issues during a non-payment hearing will involve additional requirements.
- A signed agreement to terminate a tenancy should be taken seriously.
- Tenants displaced by renovations who want to return should exercise their right of first refusal properly and keep their contact information current with the landlord.
- Tenants receiving an N12 still have the right to understand why it has been issued and whether the statutory requirements have been followed.
Receiving a notice from a landlord does not necessarily mean that a tenancy has already ended.
Only the Landlord and Tenant Board can issue an eviction order under the RTA.
Buying or Selling a Tenant-Occupied Property in Windsor-Essex?
Rental properties require a little more homework than vacant properties.
A buyer purchasing a home with a tenant does not automatically receive vacant possession simply because ownership changes.
Likewise, a seller cannot simply require a tenant to leave because the property has been listed for sale.
The type of tenancy, lease term, purchaser’s intentions, property type, notice requirements and timing can all affect what is possible.
With the September 21 changes approaching, buyers, sellers and landlords should be especially careful not to rely on outdated information or assume that the rules for a landlord moving into a property are identical to the rules for a purchaser who intends to move in.
Getting those details right before entering into an agreement can prevent expensive problems later.
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The Bigger Picture
Ontario’s September 2026 RTA changes are not simply “landlord-friendly” or “tenant-friendly.”
They do both.
Landlords receive shorter timelines and clearer rules in areas such as rent arrears and persistent late payment. At the same time, tenants receive additional protections concerning renovation-related displacement and stronger presumptions surrounding potentially bad-faith personal-use evictions.
The common thread is greater emphasis on timelines, documentation and following the process correctly.
Whether you own an investment property, rent your home, or are considering buying or selling a tenant-occupied property in Windsor-Essex, understanding those rules before taking action is far easier than trying to correct a mistake afterward.
Ontario could bring additional provisions into force later, so landlords and tenants should always check the current version of the RTA and Landlord and Tenant Board forms before acting.
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Disclaimer: This article is provided for general informational purposes only and is not intended to solicit those currently under contract with another Brokerage. This information should not be considered legal advice. Ontario’s Residential Tenancies Act and Landlord and Tenant Board procedures are detailed and individual circumstances can affect how the legislation applies. Landlords, tenants, buyers and sellers should obtain advice from a qualified Ontario legal professional or the appropriate government agency regarding their specific circumstances.