D. Ending the Tenancy (Part V of the Act)
The landlord or tenant must follow the rules of the Act when ending a tenancy.
When the tenant can end the tenancy
The tenant may end a tenancy by giving the landlord proper notice using the appropriate Landlord and Tenant Board form. They must give:
• at least 60 days’ notice if they have a monthly or fixed term tenancy, or
• at least 28 days’ notice if they have a daily or weekly tenancy.
For a fixed term tenancy, the notice cannot be effective before the last day of the fixed term. For a monthly or weekly tenancy, the notice must be effective on the last day of a rental period (e.g. month or week).
In certain situations, a tenant who has experienced sexual or domestic violence can give 28 days’ notice to end the tenancy at any time, even if the tenant has a fixed term agreement (e.g., one year agreement). They must use the notice form approved by the Landlord and Tenant Board.
When the landlord can end the tenancy
The landlord cannot evict the tenant unless the landlord follows the proper rules. In most cases, the landlord must give proper notice to end the tenancy using the right form. Forms are available on the Landlord and Tenant Board’s website.
The landlord can only give the tenant notice to end the tenancy in certain situations. These situations are set out in the Act. A few examples include:
• tenant does not pay the full rent when it is due,
• tenant causes damage to the rental unit or building, and
• tenant substantially interferes with the reasonable enjoyment of other tenants or the landlord.
If the landlord gives a tenant notice to end the tenancy, the tenant does not have to move out. If the tenant does not move out, the landlord must apply to the Landlord and Tenant Board in order to evict the tenant. The Landlord and Tenant Board will hold a hearing and decide if the tenancy should end. Both the landlord and the tenant can come to the hearing and explain their side to the Landlord and Tenant Board. If the Landlord and Tenant Board orders an eviction, the eviction order can only be enforced by the Sheriff (Court Enforcement Officer). It is an offence for the landlord to evict a tenant without following this process. If convicted, the landlord could face a fine of up to $25,000 (for an individual) or $100,000 (for a corporation).
If the Landlord and Tenant agree to end the tenancy
The tenant and landlord can agree to end a tenancy at any time by using the proper Landlord and Tenant Board form. Some landlords may ask the tenant to sign this form when signing the agreement. In most cases, an agreement to end a tenancy signed at the beginning of the tenancy agreement is unenforceable and the tenant does not have to move out. There is more information on how to end a tenancy and reasons for eviction in the Act and in a brochure on the Landlord and Tenant Board website.
The tenancy may be terminated by either the Landlord or the Tenant solely in accordance with the Residential Tenancies Act, 2006, S.O. 2006, c.17.
If any one Tenant named in the lease provides written notice to the Landlord to terminate the tenancy, such notice shall constitute notice on behalf of all Tenants under the lease, and shall be binding on all Tenants.
If either party has given notice to terminate the Tenancy Agreement, the Rental Unit may be shown to the new prospective Tenants at all reasonable hours after delivery of the notice. Should the Tenant deny the Landlord reasonable viewing rights, the Tenant may be required to indemnify the Landlord.
If notice to terminate the Tenancy Agreement has been given and the Landlord enters into a new tenancy agreement for the Rental Unit with a new tenant and the Tenant then fails to vacate the Rental Unit on or before the due date, then the Tenant will (in addition to all other liability to the Landlord for such over holding), indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, lost rent and all legal costs incurred by the Landlord on full indemnity basis.
The Tenant agrees to vacate the Rental Unit by 1:00 p.m. on the final day of the tenancy under this lease or any renewal of this lease.
The Rental Unit shall be left by the Tenant in a clean, orderly state, in good repair and fit for occupancy by a new tenant. Without limiting the generality of the foregoing, the Tenant shall:
• Leave the Rental Unit, appliances and appurtenances in the same condition as they were at the commencement of this lease. If the condition of the Rental Unit has been improved by the Landlord following the commencement of the term of this lease, the Tenant shall leave the Rental Unit in the improved condition.
• Keep and leave broadloomed and tile floors, walls, ceilings, windows and doors in a clean condition at the expense of the Tenant, ordinary wear and tear excepted. The Tenant shall not drag heavy furniture over the floors or stairs.
• Leave the stove, refrigerator and any other appliance in the same condition, inside and outside that it was at the commenced of this Tenancy Agreement, and replace any broken, missing or damaged parts before vacating. The Refrigerator is to be clean and defrosted, but left running at its normal setting.