If you are having issues with your residential tenancy you should hire a housing lawyer to look at your individual situation. Mehdi Au LLP has experience landlord tenant lawyers available to work on your case.
A residential lease will often list a term, often for one year. A lot of landlords and tenants are under the assumption that at the expiration of the lease term, the tenancy automatically ends. In Ontario, this is absolutely not the case.
What happens to the Tenancy when the lease expires?
When a lease expires (the term is up) the tenancy automatically continues on a month to month basis under the same terms of the lease. can now give 60 days notice to vacate from the property. The landlord cannot demand the tenant leave at the end of the lease, they must have a valid reason to pursue an eviction. Likewise, there is no way to force a tenant to sign a new lease. A tenant maintains their right to stay in the unit, despite the term of the lease being over.
Can a Landlord Increase the Rent?
Once a lease is over, presuming that 1 year has passed the landlord can increase the rent as much as the yearly Rent Increase Guideline (1.8% in 2019). The landlord can give notice of the increase 90 days before it is to take effect. In other words, in a 1year lease, at 9 months, the landlord can give the tenant the N1 Notice of Rent Increase. In order to increase the rent more than the Guideline the landlord would have to apply to and get an order from the Landlord and Tenant Board.
Can a Tenant Automatically Move Out?
A landlord cannot demand a tenant leave just because a lease is ending. Likewise, a tenant cannot leave without giving proper notice, just because a lease has ended. A tenant must always (unless the parties agree together) give 60 days written notice that they intend to vacate their rental unit. If there is a lease in place, tenants must give the notice 60 days prior to the expiration of the lease if they wish to leave at the expiration of the lease term.
If you are in a residential tenancy relationship as a landlord or a tenant, there are a number of legal quirks that can have a significant impact on your rights and obligations. By understanding some of the rules, hopefully you can avoid a dispute. If something goes wrong and you find yourself with a pending appearance before the Landlord and Tenant Board, you should contact a housing lawyer for advice. Mehdi Au LLP has experience landlord and tenant lawyers on staff available to work on your case.
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