More changes for landlords and tenants
The Residential Tenancies Act (RTA) has new rules on unpaid rent, persistent late payments, compensation, and evictions. These changes took effect on September 21, 2026.
Notice for unpaid rent
Before: Landlords could give tenants a 14-day N4 notice to end a monthly or fixed-term lease for unpaid rent.
Now: It’s 7 days.
If tenants do not pay in full by the termination date set out in the notice, landlords can apply to the LTB for an L1 eviction order.
Persistent late payment
Before: There was no definition for persistently late on the N8 notice.
Now: “Persistently late” means that a tenant has not paid their rent within 7 days of the due date, at least 3 times, within a 6-month period. The LTB can also make a different decision about what is persistently late.
Pay 50% of rent arrears before the hearing
In LTB hearings about unpaid rent, like L1, L9, or L10 applications, tenants can talk about other maintenance or issues for compensation to offset unpaid rent. These are called Section 82 issues.
Now: To do this, tenants must give details and also pay 50% of the rent arrears directly to their landlord that they’re asking for. The tenant must do this at least 7 days before the hearing.
Landlord's personal use
Landlords can send tenants an N12 notice to end the lease so that the landlord, their family members, or caregivers can live in the unit for at least one year.
No compensation if 120-day notice
Before: Landlords had to:
- give 60-day notice, and
- pay one month’s rent compensation or offer another rental unit to tenants.
Now: Landlords have another option. They can give a tenant a 60-day notice with compensation or offer another rental unit. Or they can give a tenant a 120-day notice without paying compensation or offering another unit.
Bad faith presumption if not moving in within 60 days
Before: If the landlord, their family members, or caregivers did not move in within “a reasonable time”, the moved-out tenant could apply to the LTB for compensation for notice in bad faith.
Now: The tenant can apply to the LTB 60 days after the termination or move-out date if it’s after the termination date.
Landlord's repairs and renovations
Landlords can give tenants an N13 notice to end a lease for repairs and renovations.
A tenant has the right to move back into the rental unit after the work is finished if they tell their landlord in writing before moving out. This is called a right of first refusal.
Written notices of completion date
Now: When a tenant says they want to move back in, the landlord must give the tenant written notices of:
- the estimated completion date,
- any changes to the estimated completion date, and
- the ready date for moving back into the rental unit.
60 days to move back in
Landlords must also give tenants 60 days after the ready date to move back in.
Timelines for remedies
If landlords do not follow the rules, tenants can apply to the LTB for the “failure to afford a right of first refusal”:
- Before: Apply within 2 years from their move-out date, or
- Now: Can also apply within 6 months from the completion date of the repairs or renovations
Set aside an ex parte eviction order
Tenants may get an ex parte eviction order by an L3 application without notice or a hearing because they have:
- sent a notice to their landlords to end the lease, or
- agreed in writing to end the lease.
If tenants do not agree with the ex parte eviction order, they can ask the LTB to cancel it. This process is called a motion to set aside an ex parte order.
Before: The LTB must cancel an ex parte order if, looking at all the circumstances, it would not be unfair to cancel it.
Now: The LTB cannot look at circumstances after the tenant’s notice or after the agreement.
Limitations to postpone an eviction
Before: The LTB can delay an eviction if, looking at all the circumstances, it would not be unfair to delay it.
Now: The LTB can delay an eviction only if the landlord agrees, or:
- it would not be unfair to the landlord or other tenants, and
- there are compelling grounds to delay the eviction, except for no-fault evictions, like N12 or N13 notices.
Get help
It’s a good idea to get legal help when dealing with housing issues. A lawyer can talk about the strength of a case, options, and possible outcomes.
People can also call the LTB at 1-888-332-3234. For TTY, call 1-800-855-0511. |