Landlord's Notice Requirements for Tenant Moving Out in Ontario

In Ontario, Canada, the notice requirements for tenants moving out can vary significantly depending on the situation and the terms of the lease agreement.

Understanding Lease Agreements

Before we delve into specific scenarios, it’s important to understand that the tenant's notice requirements are primarily determined by the lease agreement. This highlights the importance of carefully reviewing your lease and its terms.

Common Reasons for Tenant Notice

The primary reasons a landlord can give for a tenant to move out and the corresponding notice requirements include the following:

Paying Rent Late

For tenants who have consistently paid their rent but are regularly late, the landlord can give a notice of up to two months (60 days) if the tenant has not signed a lease. This is based on at least two notices for non-payment within a six-month period. In practice, a Landlord Tenant Board Member may require at least eight notices over a one-year period.

Causing Damages or Disturbance

If the issue involves causing damages or disturbing either the landlord or other tenants, the landlord must provide 20 days’ notice for a first-time violation. This notice gives the tenant an opportunity to correct the behavior before eviction proceedings begin.

Renovations or Major Repairs

Landlords must provide 120 days (four months) notice if they wish to undertake major renovations to a tenant’s unit. It is important to note that the landlord must also obtain a building permit and demonstrate that renovations cannot be done with the tenant present. Tenants have the right of first refusal to re-rent their unit at the same rent as before the renovations if they move due to this reason.

Landlord’s Personal Use

A landlord can request a tenant to move out if they wish to use the unit themselves or for a family member. However, the landlord must personally own the building and cannot use a corporation. For houses, condos, or multi-unit buildings, this notice period is 60 days (two months).

Building Sale or Renovation

If a building is being sold, and the new owner intends to take over the tenant's unit, the landlord must provide 60 days’ notice. If the building is being torn down, the new owner must be a person, not a corporation. In this case, the notice must end on the last day of the rental period, meaning the landlord would have to negotiate the notice to fit the tenant’s rental cycle.

Important Points to Note

It is crucial to note the following points regarding notice requirements in Ontario:

Only valid reasons, such as those mentioned, can be the basis for a landlord’s eviction notice. Notices must be on a Landlord Tenant Board (LTB) form with the Province of Ontario’s emblem. Tenants have the opportunity to address issues before eviction proceedings are initiated. In certain cases, landlords may offer a mutual agreement to vacate form, which can provide tenants with more flexibility and potentially better compensation.

Market Considerations

Understanding the current real estate market in Ontario is also vital during negotiations, especially if a tenant needs to vacate within a short timeframe. Given the discrepancy between rising housing prices and relatively controlled rents, investors are less likely to buy a property where rent can't be easily increased.

Conclusion

Moving out of a rental property in Ontario, especially in cases not directly related to tenant misconduct, can often be facilitated through dialogue and negotiation. It is advisable to consult lease agreements, seek legal advice, and understand local regulations to manage these situations effectively.