With Toronto’s ever-rising housing prices, many individuals choose to rent instead of buy. Before entering into tenancy agreements, tenants should know their rights and obligations and be assured that the law in Ontario protects tenants by providing ways to end their tenancy agreement early.
Generally, tenancy agreements are terminated at the end of their term, unless a tenant gives a 60-day written notice * or the landlord and tenant come to an agreement. If a tenant does not provide a notice to the landlord to end a fixed-term tenancy, the tenancy will switch to a month-to-month agreement.
There are also cases where the Landlord and Tenant Board issues an eviction order or orders the early termination of a tenancy agreement, for instance, when the tenant’s rights are infringed upon or in cases where the landlord is not fulfilling his or her obligations under the Residential Tenancies Act. These obligations include but are not limited to maintaining the rental property, complying with health and safety standards, providing notice prior to entering the unit and not interfering with a tenant’s reasonable enjoyment of the rental property.
There are two additional ways that a tenancy may be ended early, namely when a tenant assigns their tenancy agreement to someone else or when a landlord did not use the standard lease tenancy form, as of April 30, 2018, despite the tenant’s written demand. It is important to note that assigning a tenancy agreement to another individual requires permission from the landlord, and occurs when the original tenant does not intend to move back into the rental unit.
It is advisable to communicate to the landlord in writing and to save all correspondence. Should the matter be taken to the Landlord and Tenant Board, these documents will be relied upon.
Jasmine Daya & Co. has recently expanded our services to include Landlord and Tenant Services. Call our team at 416-967-9100 or contact us online to schedule an appointment.
* The form to use is called the N9 – Notice to End a Tenancy Agreement and can be found on the Social Justice Tribunals of Ontario Website
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