ENDING A TENANCY UNDER THE TENANT
PROTECTION ACT

GENERAL INFORMATION

Renewing a lease

• The end of a lease doesn't mean the tenant has to move out, unless they want to.
• A lease can be renewed, or a new lease made, if the landlord and tenant agree.
• If they don't renew or make a new lease, the tenant can stay as a month to month tenant.
• All the rules of the former lease will still apply to the landlord and tenant.
• However, the landlord could increase the rent by the amount allowed under the Act as long as proper 90 days notice of the increase is given and 12 months have passed since the last increase.

Tenant wants to leave

• A tenant must tell a landlord in writing if they plan to move out. This is called giving a notice of termination.
• A daily or weekly tenant must give their landlord at least 28 days notice in writing.
• A month to month tenant must give at least 60 days notice in writing.
• A tenant with a lease who wants to move out at the end of the lease must also give at least 60 days notice in writing.
• A tenant with a lease usually can't end the tenancy before the end of the lease.
• A tenant can move out before the end of a lease in two cases:
  1. The tenant and landlord agree to end the tenancy before the end of the lease;
  2. The tenant and landlord agree to assign the tenancy to a new tenant.
• A tenant can move out by giving the required notice if the landlord does not agree to an assignment of the tenancy and prefers to rerent the unit themselves.

  See below for further information on these three cases.

  Agreement to end tenancy

  • A landlord and tenant can agree to end the tenancy at any time. When there is an agreement, a notice of termination does not have to be given.

  Assignment of tenancy

  • A tenant with a lease can transfer the lease to someone else. This is
    called an assignment.
  • A tenant must have their landlord's approval before they assign their lease.
  • If their landlord won't allow any assignment, or doesn't reply within seven days to the tenant's request for approval, the tenant can end the lease. They must give a notice in writing to the landlord within 30 days of making their request. If they rent by the day or by the week, they must give at least 28 days notice. If they rent by the month or have a lease, they must give at least 30 days notice.
  • If the landlord agrees to the assignment and the tenant has found a person to take over their lease, the landlord must have a good reason for refusing the assignment to that person.
  • If a landlord refuses to approve a particular assignment, or doesn't reply within seven days to the tenant's request for approval, the tenant can apply to the Tribunal to require the landlord to allow the assignment.
  • A tenant in assisted, subsidized, non-profit, or public housing doesn't have the right to assign their lease.
  • A tenant in a superintendent's unit doesn't have the right to assign their lease.

  Landlord wants tenant to leave

  • A tenant can only be evicted for reasons allowed by the Tenant Protection Act.
  • A landlord must give the tenant a notice of termination in writing, using the proper form required by the Act.
  • The date the landlord wants the tenant to move out is called the termination date. The tenant can only be evicted by an order from the Tribunal.
  • A list of some of the most common reasons for evicting a tenant appears below.
  • There is a separate guide available called "If a Tenant Doesn't Pay Rent".

  There is a chart below which gives you information on the notice periods and the form to fill out if you want to make any application.

Additional Information

• The Ontario Rental Housing Tribunal provides information to the public through a network of 20 local offices across Ontario.
• The Tribunal can be reached 24 hours a day by calling toll-free 1 888-332-3234.
• A copy of the Tenant Protection Act can be ordered from Publications Ontario by telephoning toll-free
  1-800-668-9938.
• A copy of the Tenant Protection Act can also be obtained by visiting the Ontario Government Website at www.gov.on.ca.