The Short Answer

What is changing with Ontario's N12 rules in 2026? Starting September 21, 2026, Ontario landlords who give at least 120 days' notice on an N12 will no longer owe the tenant one month's rent in compensation. Until that date, the compensation rule still applies to every N12.

If you own a rental in Markham or anywhere in York Region and you have been thinking about selling, the calendar just became part of your strategy. Bill 60 quietly rewrote one of the most expensive lines in a tenanted sale, and most landlords have not heard about it yet.

Here is the change, the fine print, and how it should shape the timing of your sale.

How the N12 Works Today

The N12 is the notice used to end a tenancy when the landlord, a purchaser, or their immediate family genuinely needs the unit to live in. In a sale, it can only be served after a firm agreement of purchase and sale is signed, and only for buildings with three or fewer residential units.

The current rules require at least 60 days' written notice ending on the last day of a rental period, plus compensation of one month's rent paid before the termination date. Miss either one and the notice fails. The buyer or their close family member must genuinely intend to live in the home for at least 12 months, and bad faith evictions carry serious penalties.

You can read the underlying law in Ontario's Residential Tenancies Act, and the official forms live at the Landlord and Tenant Board.

What Bill 60 Changes on September 21, 2026

Bill 60, the Fighting Delays, Building Faster Act, passed in November 2025. Its N12 change comes into force on September 21, 2026, and it creates a choice landlords have never had before.

Notice Given Compensation Owed Trade-off
60 days (standard) One month's rent Faster possession for the buyer
120+ days (new route) Waived entirely Buyer waits longer for possession

Two things do not change. The good faith requirement stays: the buyer or family member must genuinely move in. And the 12 month occupancy expectation stays. The new route saves money. It does not create a shortcut around the rules.

What This Means If You Are Selling a Tenanted Rental

The change turns your notice window into a pricing decision. Speed costs one month's rent. Patience is free.

For a landlord planning a fall or winter 2026 sale, that trade is worth mapping before the listing goes live. A closing date built around a 120 day notice can save thousands of dollars, but it also asks the buyer to wait longer for possession. On some deals that works beautifully. On others, the faster 60 day route with compensation is the price of keeping a strong buyer.

There is a third path many landlords forget: no N12 at all. Sell to an investor with the tenant in place, and no notice, no compensation, and no vacancy apply. The lease simply transfers. Which route wins depends on your property type, your lease, and your numbers — exactly what the full guide covers: Selling a Tenanted Property in Markham.

Why the Timing Also Suits the Market

The rule change lands in a market that has been quietly turning. In June 2026, TRREB reported GTA sales up 9.4 per cent year over year while new listings fell 12.9 per cent, and Markham averaged $1.24 million across 398 sales. Recovering demand and shrinking supply is what a genuine selling window looks like.

For landlords across Markham, from Wismer townhomes to Milliken Mills condos, the combination is unusual: a firmer market and, from September 21, a cheaper legal path to vacant possession. The landlords who benefit will be the ones who planned the tenancy before they planned the listing.

Frequently Asked Questions

Can I evict my tenant just because I want to sell?
No. Selling is not legal grounds to end a tenancy in Ontario. The only sale-connected path is a valid N12 for the buyer's genuine own use, or a voluntary agreement with the tenant.
If I give between 60 and 119 days' notice after September 21, 2026, do I still pay compensation?
Yes. The waiver only applies at 120 days or more, ending on the last day of a rental period. Anything shorter keeps the one month compensation requirement.
Can my tenant leave earlier than the termination date?
Yes. After receiving an N12, a tenant can end the tenancy sooner by giving just 10 days' written notice, which is worth building into your closing date planning.

Plan the Tenancy Before the Listing

The September 21 change rewards landlords who plan early. Michael John Lau maps all three exit routes, the notice timelines, and the net proceeds for Markham landlords before anything goes on the market. No pressure, just a plan.