Termination of A Residential Tenancy

 

Termination of Tenancy by Tenant

When a Tenant decides to move, the Tenant must provide written notice of termination to the Landlord. In most cases, this requires 60-days’ notice. The termination date must be the last day of the rental period or lease, even if this is more than 60 days. In the case of a weekly tenancy, the Tenant must provide the Landlord with at least 28-days’ notice before the last day of the final week of the tenancy. If the Tenant pays rent on a daily basis, 28 days is also required.

If a Landlord is unwilling to break a lease, the Tenant has the right to assign the unit to a new Tenant with the Landlord’s consent. If the tenancy is a month-to-month statutory tenancy, the tenant is not permitted to assign the rental premises for more than a month.

 

Termination of Tenancy by Landlord: Eviction

Before a Landlord applies to the Board to evict a Tenant, the Landlord must first provide the Tenant with a Notice of Termination. This informs the Tenant of the Landlord’s grounds for termination. If the Tenant fails to resolve the issue and/or does not move out, the Landlord may file an application with the Board. In most situations a hearing will be scheduled.

It is important to note that a Tenant cannot be legally evicted without an eviction order from the Board. A Tenant has the right to remain in the unit until the Board issues an eviction order based on an application filed by the Landlord.

There are some situations that allow a Landlord to rightfully evict a Tenant at the end of the tenancy agreement; this is referred to as a no cause termination. For example, the Landlord may require the rental unit for personal use. Other situations allow a Landlord to evict a Tenant in the middle of the tenancy agreement or lease. These are situations where the Tenant or someone the Tenant permits onto the rental complex has done something wrong. For example, the Tenant did not pay rent or damaged the rental property.

 

Additional Persons and/or Pets

A Tenant cannot be evicted for simply having a roommate; however, a Tenant can be evicted for something done by the Tenant’s roommate or a guest. For example, if a Tenant’s guest punches a hole in the hallway wall, the Landlord could give the Tenant a notice of termination and, if the problem is not resolved, make an application to the Board to evict the Tenant.

The Landlord can serve a notice of termination and apply to evict the Tenant and any other occupants of the unit.

A Tenant can be evicted for having a pet in the unit if:

– The pet makes too much noise, damages the unit, or causes an allergic reaction

– The animal or species is considered to be inherently dangerous.

 

Unit Required by Landlord

A Tenant can be evicted if the Landlord “in good faith” requires the unit for:

  • His or her own use
  • The use of an immediate family member
  • The use of a person who will provide care services to the Landlord or a member of the Landlord’s immediate family, if the person receiving the care services lives in the same building or complex

Once the Landlord gives the Tenant a notice terminating the tenancy for this reason, the Landlord can apply to the Board for an order evicting the Tenant; however, a Tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.

A Tenant can be evicted if a Landlord agrees to sell the rental property, and the purchaser requires the rental unit for:

  • His or her own use
  • The use of an immediate family member
  • The use of a person who will provide care services to the Landlord or a member of the Landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex

Once the Landlord provides the Tenant with notice terminating the tenancy for this reason, the Landlord can apply to the Board for an order evicting the Tenant; however, a Tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.

A Tenant can also be evicted if the Landlord sells the property and the purchaser wants to move in; however, the rental complex must consist of not more than three or fewer residential units.

Note: Evictions can take place during the winter. There is nothing in the Residential Tenancies Act that prevents a Tenant from being evicted during the winter months.

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