End of Tenancy – Giving Notice
All tenancies must be terminated by giving the landlord appropriate written notice of termination. Do not just assume that because there is an end date on your lease, that the landlord knows you will be moving out. Under the RTA, a tenant can stay beyond that end date and become a month-to-month tenant. If you don’t give at least 60-days written notice that you will be vacating on the termination date of your lease, your landlord can assume you are staying and you will, therefore, become responsible for additional rent charges.
It is also worth noting that a tenant cannot just give 60-days notice in the middle of a lease and then move out. The RTA clearly states that a termination date cannot be before the last day of the fixed term of a lease.
Similarly, your landlord cannot proceed to rent your unit out to someone else, just because there is an end date on your lease. Again, you have the right to stay and become a month-to-month tenant. If he signs a lease with someone else without receiving notice from you, then he is essentially evicting you without reasonable notice or cause.
BE SURE TO GIVE YOUR LANDLORD AT LEAST 60-DAYS WRITTEN NOTICE IF YOU WILL BE VACATING AT THE END OF YOUR LEASE. This will save lots of confusion for everyone involved.
Can You Leave Early?
Generally, tenants must abide by the notice of termination provisions discussed above. A tenant with a one-year lease must wait for the end of the term discussed above and provide the landlord with the appropriate notice.
There are a few exceptions:
- The landlord and the tenant can agree in writing to end the tenancy before the end of the lease
- Sometimes a landlord may be willing to accept a cash settlement (be sure to get this type of agreement in writing)
- The tenant may be able to assign the lease, which relieves them of all obligations under the lease
- The tenant may, with the landlord’s consent, sublet the premises (although this will not relieve them of their obligations to the landlord)
- A tenant may have grounds (e .g . substantial lack of repair, substantial interference with the enjoyment of the unit, etc .) to ask the Landlord and Tenant Board to terminate the lease.
It is best to seek legal advice in these circumstances. If a tenant abandons the premises, the landlord can take the tenant and his guarantor, if any, to Small Claims Court for unpaid rent for the remainder of the lease, or until such time as a replacement tenant is found. As well, a tenant may be liable for interest and the landlord’s costs in obtaining the amount owed.
Termination of Tenancy by Landlord
Your landlord cannot terminate the tenancy against your wishes unless he or she has grounds under the RTA and has given you the required notice. Your landlord must have a valid reason, as outlined in the RTA, for regaining possession of the property. Some of the grounds on which a landlord may give notice of termination are:
- Conversion of the premises to other than rental residential use
- Repairs or renovations so extensive as to require a building permit and vacant possession of the premises
- Demolition of the property
- The landlord, or a purchaser of the property from the landlord, genuinely requires the premises for their own occupancy or that of a marriage partner, or their children or parents
- The tenant has persistently failed to pay rent on the date it became due and payable
Eviction
Some of the grounds on which a landlord may give notice of termination are:
- Non-payment of rent
- Undue damage to the premises
- Carrying on an illegal activity or business
- Conduct by the tenant (or another occupant of the unit or a person permitted in the building by the tenant) which substantially interferes with the reasonable enjoyment of the premises by the landlord or other tenants
Helpful Resources
- Landlord & Tenant Board (Administers the Residential Tenancies Act) 1-888-332-3234
- Rental Housing Enforcement Unit (Report RTA Offences) 1-888-772-9277
- Hamilton Community Legal Clinic 905-527-4572