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My question is: Canadian-specific
QUESTION: I currently have a rental property in Ontario where I
have had the same tenants for the last 10 years. In the first
few years I would do a yearly rental agreement but after getting
to know them for a few years I decided a rental agreement wasn't
necessary (they where committed to rent from me). I now need to
sell the property and just wanted to know if there are any issues
about letting renters go (ie..do I give them so many months to
find something else, if so, how long and what happens if they
don't find anything ) also any issues of not having a rental
agreement in place. Any information or websites to check out
would be appreciated.
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david ingram replies
The following chart shows what you have to do to terminate the
lease if you are selling the property and the purchaser requires
the unit for their own use in Ontario .
A landlord has agreed to sell the rental property, and the
purchaser requires the rental unit for use as their own personal
residence, or as the residence of their spouse or same-sex
partner, or for a child or parent of the landlord, their spouse
or same-sex partner
Notice to Terminate a Tenancy at the End of the Term for
Landlord’s or Purchaser’s Own Use
(Form N12)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days after
the termination date shown in the Notice.
The tenant may dispute the application, or move out of the
unit at an earlier date with at least 10 days written notice to
the landlord.
Form L2 can be found at:
http://www.orht.gov.on.ca/userfiles/page_attachments/Library/3/18
13400_l2.pdf
17 pages of instructions for form L2 are at:
http://www.orht.gov.on.ca/userfiles/page_attachments/Library/3/43
7790_L2_Instructions-e.pdf
Form N12 can be found at:
http://www.orht.gov.on.ca/userfiles/page_attachments/Library/3/29
66904_N12.pdf
4 pages of instructions for form N12:
http://www.orht.gov.on.ca/userfiles/page_attachments/Library/3/33
29758_N12_Instructions-e.pdf
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I, of course, would give the renter the first chance to buy the
property BEFORE it is listed.
And, there are other courtesy things you might do like offer a
$300 or $500 moving expense fee or give two weeks free while they
are moving but those are just courtesy items.
The whole legal rules and a chart can be found below from the
Ontario Rental Housing Tribunal's Pamphlet
"Reasons for Terminating a Tenancy by a Landlord"
Reasons for Terminating a Tenancy by a Landlord
This guide explains how and when a landlord may:
a.. Give a Notice to Terminate a Tenancy
b.. Apply to the Tribunal for an Order to terminate a
tenancy
You may wish to read these related guides:
a.. Terminating a Tenancy
b.. Termination of Tenancy By a Tenant
c.. Terminating a Tenancy in a Care Home
Table of Contents
a.. Abandoned rental unit
b.. Agreement to Terminate
c.. Breach of Order or Mediated Settlement
d.. Cease to qualify for subsidized housing
e.. Change of use
f.. Damage
g.. Demolition
h.. Employment terminated
i.. Illegal act or business (drugs)
j.. Illegal act or business (other)
k.. Impairing safety
l.. Interference with enjoyment or other right
m.. Misrepresenting income
n.. Non-payment of rent
o.. Overcrowding
p.. Persistent late payment of rent
q.. Personal use by landlord
r.. Personal use by purchaser
s.. Pets - 1
t.. Pets - 2
u.. Purchase of condominium
v.. Repairs or renovations
w.. Superintendent’s unit
x.. Subtenant stays longer
y.. Tenant gave Notice to Terminate
z.. Unauthorized occupant
Note: All of the reasons listed above may also be reasons
for termination of tenancy in a care home.
For the following reason, a landlord must give a tenant not
less than 7 days notice (for a daily or weekly tenant) or 14 days
notice (all other tenants):
Reason
Notice form required
Landlord application
Tenant remedy
A tenant has not paid their rent
Notice to Terminate Early for Non-Payment of Rent
(Form N4)
Application to Terminate a Tenancy for Non-Payment of
Rent and for Collection of Arrears of Rent
(Form L1)
There is no deadline for making the application.
The tenant may void the notice and stay in the rental
unit by paying the full rent owed, plus any new rent that has
come due, by the termination date shown in the landlord’s Notice
to Terminate.
For the following reason, a landlord must give a tenant not
less than 10 days notice:
Reason
Notice form required
Landlord application
Tenant remedy
An act or omission of a tenant or their guest
seriously impaired the safety of another person in the rental
property. Pets: This may include keeping an animal that has
threatened a person, or that is a dangerous species or breed of
animal.
Notice to Terminate a Tenancy Early for Impaired
Safety
(Form N7)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date in the Notice.
The tenant may dispute the landlord’s application.
A tenant or their guest committed an illegal act or
carried on an illegal business, in the rental property involving
the production of or trafficking in an illegal drug, or
possession of an illegal drug for the purposes of trafficking
Notice to Terminate a Tenancy Early, Illegal Act or
Misrepresentation of Income
(Form N6)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application.
For the following reasons, a landlord must give a tenant
not less than 20 days notice:
Reason
Notice form required
Landlord application
Tenant remedy
The actions or conduct of a tenant or their guest
seriously interfered with the reasonable enjoyment of another
tenant or the landlord, or interfered with a lawful right,
privilege or interest of another tenant or the landlord. Pets:
This may include keeping an animal in a rental unit that has
disturbed another tenant or the landlord, or that has caused a
serious allergic reaction in another person, or that is a
dangerous species or breed of animal.
Notice to Terminate a Tenancy Early
(Form N5)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may void the notice and stay in the rental
unit if they stop the activity within 7 days.
The tenant may dispute the landlord’s application.
A tenant or their guest caused undue damage to the
rental unit or property
Notice to Terminate a Tenancy Early
(Form N5)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may void the notice and stay in the rental
unit if they repair the damage or pay the cost of repair to the
landlord within 7 days.
The tenant may dispute the landlord’s application.
A tenant or their guest committed an illegal act or
carried on an illegal business, in the rental property
Notice to Terminate a Tenancy Early, Illegal Act or
Misrepresentation of Income
(Form N6)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application
Overcrowding: A tenant let more people live in the
rental unit than is allowed by local bylaws
Notice to Terminate a Tenancy Early
(Form N5)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may void the notice and stay in the rental
unit by reducing the number of occupants to the limit allowed by
local bylaws.
The tenant may dispute the application.
A rent geared-to-income tenant misrepresented their
income or the income of a family member
Notice to Terminate a Tenancy Early, Illegal Act or
Misrepresentation of Income
(Form N6)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application.
Important Note A tenant who receives a notice for damage,
interference with enjoyment, or overcrowding, can void
termination by resolving the problem within 7 days. If, within
the next 6 months, the tenant repeats any of these things, or
misrepresents his or her income, or carries on an illegal
business or commits an illegal act (except for the drug-related
acts previously described), the landlord may give a 14-day notice
to terminate and apply to the Tribunal right away. The tenant may
dispute the application.
For the following reasons, a landlord must give a tenant
not less than 28 days notice (for a daily or weekly tenant) or 60
days notice (all other tenants). If a tenant and landlord have a
fixed term lease, the termination date cannot be earlier than the
end of the fixed term.
Reason
Notice form required
Landlord application
Tenant remedy
A tenant has been persistently late paying the rent
Notice to Terminate a Tenancy at the End of a Term
(Form N8)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application.
A tenant no longer qualifies for an assisted or
subsidized rental unit
Notice to Terminate a Tenancy at the End of a Term
(Form N8)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application.
A tenant occupies a proposed condominium unit under
an Agreement of Purchase and Sale, and the agreement has been
terminated
Notice to Terminate a Tenancy at the End of a Term
(Form N8)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application.
A tenant occupied a rental unit in connection with
their employment, and the employment has been terminated (Note:
This reason does not include employment as a janitor,
superintendent, caretaker, manager, or security guard of a rental
property. Termination of tenancy in relation to these employees
is discussed later in this guide).
Notice to Terminate a Tenancy at the End of a Term
(Form N8)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application.
For the following reasons, a landlord must give a tenant
not less than 60 days notice. If a tenant and landlord have a
fixed term lease, the termination date cannot be earlier than the
end of the fixed term.
Reason
Notice form required
Landlord application
Tenant remedy
A landlord requires the rental unit for use as their
own personal residence, or as the residence of their spouse or
same-sex partner, or for a child or parent of the landlord, their
spouse or same-sex partner
Notice to Terminate a Tenancy at the End of the Term
for Landlord’s or Purchaser’s Own Use
(Form N12)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application, or move out of
the unit at an earlier date with at least 10 days written notice
to the landlord.
A landlord has agreed to sell the rental property,
and the purchaser requires the rental unit for use as their own
personal residence, or as the residence of their spouse or
same-sex partner, or for a child or parent of the landlord, their
spouse or same-sex partner
Notice to Terminate a Tenancy at the End of the Term
for Landlord’s or Purchaser’s Own Use
(Form N12)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application, or move out of
the unit at an earlier date with at least 10 days written notice
to the landlord.
For the following reasons, a landlord must give a tenant
not less than 120 days notice, or not less than one year’s notice
for a site in a mobile home park or land lease community where
the tenant owns the home on the site. If there is a fixed term
lease, the termination date cannot be earlier than the end of the
fixed term.
Reason
Notice form required
Landlord application
Tenant remedy
A rental unit is to be demolished
Notice to Terminate a Tenancy at the End of the Term
for Conversion, Demolition or Repairs
(Form N13)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application, or move out of
the unit at an earlier date with at least 10 days written notice
to the landlord.
If the property has 5 or more units, and demolition
was not ordered under another Act, the landlord must provide
another rental acceptable to the tenant, or pay 3 months rent
compensation
The rental unit will no longer be used for
residential purposes
Notice to Terminate a Tenancy at the End of the Term
for Conversion, Demolition or Repairs
(Form N13)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application, or move out of
the unit at an earlier date with at least 10 days written notice
to the landlord.
If the property has 5 or more rental units, the
landlord must provide another rental unit acceptable to the
tenant, or pay compensation of 3 months rent.
Major repairs or renovations are planned for a rental
unit which require a municipal building permit, and that the unit
be vacant during the work
Note: If the property has 5 or more residential
units, see the next line.
Notice to Terminate a Tenancy at the End of the Term
for Conversion, Demolition or Repairs
(Form N13)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
The tenant may dispute the application, or move out on
an earlier date by giving the landlord at least 10 days notice in
writing, whether or not they exercise their right to re-occupy
the unit when the work is done.
Note: If the property has 5 or more residential
units, see the next line for further remedies of the tenant.
Major repairs or renovations which require a
municipal building permit and that the unit be vacant during the
work, where the property has 5 or more residential units
Notice to Terminate a Tenancy at the End of the Term
for Conversion, Demolition or Repairs
(Form N13)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application must be made no later than 30 days
after the termination date shown in the Notice.
If the tenant chooses to not re-occupy the unit when
the work is done, and the work was not ordered under another Act,
they are entitled to a different rental unit from the landlord
acceptable to the tenant, or 3 months rent compensation.
If the tenant chooses to re-occupy the unit when the
work is done, they are entitled to compensation equal to the rent
that would have been paid while the work was done, to a maximum
of 3 months rent.
For the following reasons, a landlord may apply without
giving a Notice to Terminate a Tenancy. However, the landlord
must give a copy of the application to the persons affected by
it. A hearing will be scheduled, but an order could be issued
without a hearing if there is no dispute filed.
Reason
Landlord application
Occupant remedy
A tenant assigned or sublet a rental unit to another
person without the consent of the landlord
Application About a Sublet or Assignment (Form A2) to
evict the "unauthorized occupant" from the rental unit
The application must be made no later than 60 days
after the landlord discovered the unauthorized occupant is living
in the rental unit.
The occupant may dispute the application.
A tenant sublet their rental unit to a subtenant who
has stayed longer than the period of time agreed to between the
tenant and the subtenant
Application About a Sublet or Assignment (Form A2) to
evict the subtenant
The application must be made no later than 60 days
after the agreed subtenancy period ended.
The subtenant may dispute the application.
A tenant who occupies a rental unit as manager,
janitor, superintendent or security guard of a building or
complex did not vacate the unit, at the landlord’s request,
within 7 days after termination of their employment
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
The application cannot be made earlier than 7 days
after the employment was terminated.
The tenant may dispute the application.
The landlord believes a tenant has abandoned a rental
unit
(Note: The Tribunal will not consider a rental unit
to be abandoned if the tenant is not in arrears of rent)
Application to Terminate a Tenancy and Evict a Tenant
(Form L2)
There is no deadline for making the application.
Although the unit may appear to be abandoned, the
landlord must attempt to serve the tenant with a copy of the
application and the Notice of Hearing.
The tenant may dispute the application.
For the following reasons, a landlord may apply to the
Tribunal without giving a Notice to Terminate a Tenancy or a copy
of the application, to the tenant. An order could be issued
without a hearing.
Reason
Landlord application
Tenant remedy
A tenant had given their landlord a Notice to
Terminate a Tenancy, or made an Agreement to Terminate with the
landlord
Application to Terminate a Tenancy, Tenant Gave Notice
or Agreed to Terminate the Tenancy
(Form L3)
The application must be made no later than 30 days
after the termination date shown in the tenant's Notice or the
Agreement.
If an order is issued evicting the tenant without a
hearing, he or she may make a Motion to Set Aside the order.
The motion must be made within 10 days after the
order was issued.
A tenant breached the conditions of a Tribunal order
or mediated settlement, and the Order or settlement allows the
landlord to apply for termination of the tenancy if a breach
occurs
Application to Terminate a Tenancy, Tenant Failed to
Meet Conditions of a Settlement or Order
(Form L4)
The application must be made no later than 30 days
after the breach of the Order or settlement.
If an order is issued evicting the tenant without a
hearing, he or she may make a Motion to Set Aside the order.
The motion must be made within 10 days after the
order was issued.
Revised: April 23, 2003
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