How can a lease be terminated in the Province of Ontario?

It is the responsibility of both parties to renegotiate or terminate the lease before the expiry date. Tenants may give notice during a fixed term lease, provided that the date of termination is not any earlier than the last day of tenancy. Landlords may only terminate a tenancy for specified reasons as set out in the legislation and cannot terminate simply because a fixed term has expired. When a fixed term tenancy goes to a month-to-month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term.

To terminate a lease, landlords must provide notice in writing to the tenant, and the required notice times vary depending on the reasons for the notice. The tenant can terminate a daily or weekly tenancy with 28 days written notice. For any other type of tenancy, the tenant must give 60 days written notice. Under the Tenant Protection Act, February is considered to have 30 days for the purpose of the tenant giving a termination notice.

How can a landlord evict a tenant?

There are a number of grounds for eviction, but the main reason is for rent arrears. Evictions for rent arrears proceed as follows:

* The tenant is late paying rent.
* The landlord services notice on the tenant that the tenant has 14 days to pay the rent.
* If the tenant has not paid in 14 days, on the 15th day the landlord files an Application to Terminate a Tenancy for Nonpayment of Rent and for Collection of Arrears of Rent.
* The tribunal gives notice of hearing as soon as possible.
* The landlord services the Notice package on the tenant and signs the certificate as proof.
* The tenant has 5 calendar days to file a written dispute.
* If no dispute is filed, on the 6th day a default order terminating the tenancy will be issued. If the tenant disagrees with the default order, he/she can file a Motion to Set Aside the Default Order.
* After the hearing is held, the landlord arranges with the Sheriff to evict the tenant.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

[close]