OHI | Can My Tenant? · Ontario rental question #29
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Last verified: September 15, 2026
Quick answer: Yes, a tenant can remain unless the tenancy is lawfully ended. Selling the property does not automatically terminate an Ontario tenancy, and a sale agreement or request from the owner is not an eviction order. In qualifying circumstances, a purchaser-own-use N12 process may be available, but all requirements must be met.
Ontario tenancies generally continue when ownership changes. A purchaser may require vacant possession for genuine residential occupation by a qualifying person, but the landlord must use the correct N12 process and comply with timing, compensation and other statutory requirements.
The tenant does not have to leave merely because the property is listed, sold conditionally or has a closing date. Only the LTB can issue an eviction order, and enforcement follows the authorized process.
Can vacant possession be promised in the sale agreement?
A seller should not assume they can guarantee vacancy where a tenant has not agreed to leave and no enforceable order exists. The real-estate agreement does not override the RTA.
What if the purchaser wants to move in?
A purchaser-own-use notice may be possible for certain properties and qualifying occupants after the statutory conditions are satisfied. Good faith, the correct termination date, required compensation and supporting materials all matter.
Can the tenant challenge the notice?
Yes. A tenant may remain until the LTB determines the application and may present evidence about defects or bad faith. A notice is not proof that eviction will be ordered.
What should the tenant do?
- Do not treat a listing, sale or text request as an eviction order.
- Read any N12 and attached materials carefully and obtain advice promptly.
- Keep records of statements about the purchaser’s plans and any pressure to sign an N11.
- Cooperate with lawful showings while documenting improper entry or harassment.
What should the landlord do?
- Plan the sale around the tenancy rather than promising automatic vacancy.
- Use the current N12 and comply with all compensation and evidence requirements.
- Keep purchaser-use representations accurate and documented.
- Do not use lockouts, utility interruptions or harassment to obtain possession.
Example
A buyer signs an agreement to purchase a single-family rental and genuinely plans to occupy it. A purchaser-use process may be available, but the tenant may lawfully remain through notice and LTB proceedings. The sale alone does not end the tenancy.
Related OHI guides and tools
Official sources
- Ontario Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms, instructions and filing information
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Some rentals are exempt from all or part of the RTA. Outcomes depend on the facts and evidence. Rules and forms can change; verify current information with Tribunals Ontario or obtain advice from a licensed Ontario legal professional.