However, imagine a tenant who has lived in the same unit for a great number of years, may be suffering from health problems, may have a lot of stuff in their unit, may be going on a trip, may have kids in a local school, may be financially unstable and may have dependents or responsibilities that make finding a new place in 60 days an impossibility. Certainly, if a tenant is young, footloose and fancy free, healthy, with minimal responsibilities, a termination in 60 days may indeed be reasonable. For some tenant's this can be quite unsettling.Ĭonsider for a moment the impact of receiving a Notice of Termination for Landlord's Own Use (Form N12) and only having 60 days to find a new place to live. In the case of a month to month tenancy, a landlord can serve a Notice of Termination any time and so long as 60 days notice is provided the tenancy can be terminated at any time of the year.

The end date of a fixed term tenancy is known and hence the tenant has the comfort of knowing that their tenancy is 'safe' from termination until at least the end of the fixed term for landlord's own use. Hence, if a tenant has a one year or multiple year lease the tenant is protected from being evicted for landlord's own use before the expiry of the fixed term. In a fixed term tenancy the Notice of Termination can not specify a termination date that is sooner than the end of the fixed term. The type of notice I'm talking about in this article is termination for landlord's own use and for the purpose of this article I'm assuming that the N12 Notice of Termination is given in good faith and that the landlord is entitled to termination.Ī notice of termination for landlord's own use requires that a landlord give a tenant 60 days notice with the final day of the notice ending on the last day of the term (usually the day before rent is paid). What is a bit different is that in a month to month context the landlord has the ability to terminate a tenancy at random times and unexpected times so long as notice is given under the RTA.

The cause grounds are largely the same in the month to month context as they are during the fixed term of a tenancy. A landlord can not object or refuse the continuation of a tenancy on a month to month basis.Īs in fixed term tenancy, a month to month tenant can be evicted for 'cause'. This is automatic, there is nothing that either party needs to do. Unless a renewed fixed term is entered into, after the expiry of a fixed term a tenancy continues on a month to month basis. The security of a tenancy is almost as strong after a fixed term ends. 'Cause' includes termination for non-payment of rent, willful or negligent damage, illegal act, impaired safety, and a few other specified grounds in the Residential Tenancies Act (RTA). The only legal grounds to terminate a tenancy during a fixed term (the typical fixed term is the one year lease that people sign at the beginning of the tenancy), is for cause. Tenants in Ontario are fairly secure in their tenancy during the course of a fixed term.

N11 tick time tracking