Ending a Tenancy Under the Tenant Protection Act

This guide offers basic information on the different ways a tenancy can be ended by either a landlord or a tenant. It includes some of the reasons for eviction allowed by the Tenant Protection Act (TPA). However, for a complete list of the reasons, you should read the TPA.

There is a separate guide available on “If a Tenant Doesn’t Pay Rent”.

Renewing a lease

  • The end of a lease doesn’t mean a tenant has to move out, unless they want to.
  • A lease can be renewed or, if the landlord and tenant agree, a new lease made.
  • 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 TPA. The rent cannot be increased until at least 12 months have passed since the tenant moved in. The landlord must give the tenant 90 days written notice in the proper form.

If a tenant wants to leave

  • A tenant must give their landlord a notice in writing if they plan to move out. This is called a notice oftermination. The date the tenant plans to move out is called the termination date.
  • A daily or weekly tenant must give at least 28 days notice of termination. If renting by the week, the termination date must fall at the end of a week.
  • A month to month tenant must give at least 60 days notice of termination. The termination date must fall at the end of a month.
  • A tenant with a lease who wants to move must also give at least 60 days notice of termination before the end of the lease.
  • A tenant in a care home, however, can terminate a tenancy at any time, even if they have a lease. At least 30 days notice of termination in writing must be given.
  • A tenant can move out before the end of a lease in two cases:
    • The tenant and landlord agree to end the tenancy before the end of the lease;
    • 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 a tenant can agree to end a tenancy at any time. When there is an agreement, a notice of termination does not have to be given.
  • It is a good idea to make this agreement in writing. The landlord and tenant should each keep a copy.

Assignment of tenancy

  • A tenant with a lease may be able to 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 assignments, 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 month or have a lease, they must give at least 30 days notice of termination.
  • A tenant in assisted, subsidized, public, or non-profit housing doesn’t have the right to assign their lease.
  • A tenant living in a superintendent’s unit doesn’t have the right to assign their lease.

A landlord of a care home can refuse to approve an assignment of a lease if the person who might take over the lease is not eligible to be a resident of that home.

Sublet

  • An assignment of a lease is often confused with subletting.
  • Subletting is where a tenant with a lease lets another person live in the unit for a temporary period of time, but returns to live there before the lease ends.
  • A tenant can only sublet with the approval of their landlord.
  • If a tenant has found a possible subtenant, the landlord must have a good reason for refusing to approve that person.
  • A landlord of a care home can refuse to approve a sublet if the person who might move in does not meet the landlord’s admission requirements.
  • A tenant in assisted, subsidized, non-profit or public housing doesn’t have the right to sublet.
  • A tenant living in a superintendent’s unit doesn’t have the right to sublet.

If a landlord wants a tenant to leave A tenant can only be evicted by a landlord for reasons allowed by the TPA. The landlord must give the tenant a notice in writing when they want a tenant to move, regardless of the reason. This is called a notice of termination.The date the landlord wants the tenant to move out is called the termination date. Some of the reasons allowed by the Act relate to the tenant’s conduct while living in the rental property. They include conduct of the tenant’s guests or other occupants of the rental unit. Several examples are listed below. Other reasons are not related to conduct of the tenant, their guests, or other occupants. Some of these examples are listed below as “No fault reasons”.

Tenant conduct reasons

Arrears of rent means the tenant hasn’t paid the rent owed to the landlord. If the tenant rents by the day or week, the landlord must give them at least 7 days notice of termination in writing. If the tenant rents month to month or has a lease, at least 14 days notice of termination must be given. The notice of termination can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction by paying the arrears of rent before the termination date. If the tenant doesn’t pay the arrears of rent, and doesn’t move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Persistent late payment of rent means the tenant has often been late paying their rent, even if they are not in arrears of their current rent. If the tenant has a lease, the notice of termination must be given a least 60 days before the end of the lease.

If the tenant doesn’t move out by the termination date in the notice, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Illegal act means anything which breaks a law, including where the tenant has an illegal business in the unit. An illegal act could have been done by a tenant, or the tenant may have permitted someone else to do it. The illegal act could have happened inside the tenant’s unit, or somewhere else on the rental property. A tenant can be evicted even if they have not been charged or convicted for the illegal act.

At least 20 days notice of termination in writing must be given by the landlord. The notice of termination can be given at any time, even if the tenant has a lease. Once the notice has been given, the landlord can apply immediately to the Tribunal to evict them, or wait to see if the tenant moves out by the termination date.

Impairing the safety of any person
 means a tenant, another occupant of the unit, or a guest, did something which affected the safety of another person in the property. An example might be causing a fire.

At least 10 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease. Once the notice has been served, the landlord can apply immediately to the Ontario Rental Housing Tribunal to evict them, or wait to see if the tenant moves out by the termination date.

Disturbing others
 means a tenant, another occupant of the unit, or a guest, did something which disturbed other tenants or the landlord. Examples might be loud noise, or rowdy behaviour.

Keeping an animal
 can disturb others or impair their safety if the animal: caused noise, an odour, or damage; attacked another tenant or the landlord, or acted aggressively toward them; caused the landlord or another tenant to have an allergic reaction; could be dangerous to the landlord or another tenant, even if it has not harmed anyone.

At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction if they stop the disturbing activity or behaviour within the next 7 days. If they don’t stop, and they don’t move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Interfering with the rights or privileges means the tenant, another occupant of the unit, or a guest, did something which interfered with the lawful rights of any other tenant or the landlord.

At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction if they stop the interference within the next 7 days. If they don’t stop, and they don’t move out, the landlord can apply to the Tribunal to evict them.

Damage to property means a tenant, or a person allowed into the rental property by a tenant, damaged a rental unit or the common area of the property. At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.

The tenant can avoid eviction if they repair the damage, or pay the cost of repair to the landlord, within the next 7 days. If they don’t repair or pay for the damage, and they don’t move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Overcrowding 
means a tenant has allowed too many people to live in the rental unit, breaking a health, safety, or property standards bylaw.
At least 20 days notice of termination in writing must be given by the landlord. The notice can be given at any time, even if the tenant has a lease.
The tenant can avoid eviction if they reduce the number of people living in the unit to the lawful number within the next 7 days. If they don’t do this, and they don’t move out, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

No fault reasons
Landlord’s own use means a landlord wants the tenant’s unit for their personal residence, or as the residence for their spouse, or a child or parent of one of them. 
Buyer’s own use
 means a landlord of a property with no more than three units in it intends to sell the property to someone who wants all or some of the units for their own residence, or for their spouse or for a child or parent of one of them.

In either case, at least 60 days notice of termination in writing must be given by the landlord.

If the tenant rents by the week, the termination date must fall at the end of a week.

If a tenant rents month to month, the termination date must fall at the end of a month.

If the tenant has a lease, the termination date can’t be earlier than the end of the lease.

If the tenant wants to move out earlier than the end of the notice of termination, they can do so with at least 10 days notice in writing to their landlord.

If the tenant doesn’t move out by the termination date in the notice, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Major repairs or renovations means a landlord plans repairs or renovations to a rental unit or property that require a building permit. It must also be unsafe for the tenant to remain in the unit while the work is being done.

At least 120 days notice of termination in writing must be given by the landlord, except where there is a rented site for a mobile home or land lease home, and the tenant owns the home. In this situation, at least one year’s notice of termination is required.

If the tenant rents by the week, the termination date must fall at the end of a week.

If a tenant rents month to month, the termination date must fall at the end of a month.

If the tenant has a lease, the termination date can’t be earlier than the end of the lease.

If the tenant wants to move out earlier than the end of the notice of termination, they can do so with at least 10 days notice in writing to their landlord.

The landlord’s notice must tell the tenant they have the “right of first refusal”. This means the tenant gets first choice to re-rent the unit when the renovations or repairs are done.

If the tenant doesn’t want to move back in, and the unit is in a building with at least five residential units, the landlord must do either of two things for the tenant: pay them compensation equal to three months rent, or offer them another rental unit acceptable to them.
However, compensation or another unit does not have to be given by a landlord if the repairs or renovations were ordered by any public agency.

If the tenant has informed their landlord in writing that they plan to move back into the unit, and the unit is in a building with at least five residential units, the landlord must pay them compensation. The amount of compensation must be equal to the lower of: three months rent, or the amount of rent the tenant would have paid the landlord during the time the repairs were being made.
If the repairs or renovations involve a unit in a care home, the landlord must make a reasonable effort to find alternative housing that is suitable for the tenant.

If the tenant accepts the housing found by the landlord, they do not have to be paid compensation.

If the tenant wants to move out earlier than the end of the notice period, they can do so with at least 10 days notice of termination in writing to the landlord.

If the tenant doesn’t move out by the termination date in the notice, the landlord can apply to the Ontario Rental Housing Tribunal to evict them.

Therapy or rehabilitation has ended means a tenant who was involved in therapy or rehabilitation program in a care home has reached the end of the time they and the landlord agreed they were to stay in the home. This applies if the rental unit was occupied by the tenant so that they could receive the therapy or rehabilitation, and if no other tenant staying there lives there longer than two years.

In this situation, the landlord must give at least 60 days notice of termination in writing.

If the tenant rents by the week, the termination date must fall at the end of a week.

If a tenant rents month to month, the termination date must fall at the end of a month.

If the tenant has a lease, the termination date can’t be earlier than the end of the lease.


Care home resident
 needs more care or less care than the landlord is able to provide. In this case, the landlord may apply to the Ontario Rental Housing Tribunal for approval to evict the tenant and transfer them from the home.

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 TPA can be ordered from Publications Ontario by telephoning toll-free 1-800-668 9938.
  • A copy of the TPA can also be obtained by visiting the Ontario Government Website at www.gov.on.ca.