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In every case notice must be in writing and include:
The most common tenancy is month-to-month. To end a tenancy at the end of any month, notice must be delivered during the prior month.
If notice is not delivered during the prior month, it becomes effective at the end of the next month.
To give a month's notice to vacate to end a month-to-month tenancy, a tenant must complete the Form 6 - Notice to Landlord to Terminate the Tenancy and deliver it to the landlord by the last day of the preceding month.
A tenant may have the right to give short notice if there is a serious breach of the agreement by the landlord.
Victims of interpersonal and/or sexual violence may end a fixed term tenancy by giving a 28 days' notice if they have received a certificate from an official at the Victims Services Branch within the Ministry of Justice. See the How to End a Fixed Term Tenancy Agreement page with the Victim Services Branch for more information.
Use Form 6a - Tenants Notice to Vacate Early for Cause for these purposes.
A landlord cannot regain possession unless:
The landlord may apply to the Office of Residential Tenancies (ORT) for an order for possession directing a sheriff to remove the tenant. The sheriff is the only person with authority to physically remove a tenant. If anyone else tries to force any person from the place where they live, call the police. If the person being forced out is a tenant, police will restore the status quo and direct the landlord to the ORT.
A landlord may give proper notice to end a tenancy for any of the reasons allowed by The Residential Tenancies Act, 2006. The notice period is one month for most types of evictions, and two months for others, such as eviction for renovation or demolition. Please see the specific sections on this page and in the Act for details. The landlord must state the reason for eviction on the Notice to Vacate. Except for Form 7, the Notice to Vacate includes a dispute notice for the tenant to dispute the reason for eviction. If the eviction is disputed by the tenant within 15 days, and the landlord wants to pursue eviction, the landlord must apply for an order for possession using the Form 9a - Landlord Application for Possession under the The Residential Tenancies Act, 2006 and prove their grounds for eviction at a hearing before a hearing officer.
The landlord may also apply for an order for possession if a tenant has given notice to end the tenancy or the term of a fixed-term tenancy is ending and the landlord wishes to ensure that the tenant leaves.
The sheriff will physically evict the tenant if necessary to enforce the order. The sheriff may ask for police assistance if needed.
When a tenant is 15 days or more overdue in paying rent, a landlord may end the tenancy immediately by giving notice in Form 7. If rent is due on the first day of each month, the notice can be served on the 16th day of the month. If the tenant does not leave, the landlord may apply to the ORT for an order for possession.
If a tenant owes utility arrears that the tenant is required to pay, the landlord may use Form 7a to give written notice to the tenant to pay the utilities within 15 days. If the tenant fails to do so, the landlord may give notice in Form 7 to end the tenancy.
A tenant can be evicted for any of the reasons listed below. In all cases below (except 17), the landlord must give the tenant a reasonable opportunity to fix the problem before giving the tenant a notice to vacate. The descriptions below are summaries. Full details of the grounds for eviction can be found in section 58 of the Act. Use Form 8 when giving the tenant a Notice to Vacate.
If a caretaker, manager or superintendent, or an employee occupies a rental unit that was provided for the term of employment, and the employment is terminated, Form 8a is the Notice to Vacate to be used to end the tenancy. Notice of one calendar month is required.
If a landlord or a close family member or friend intends to occupy the rental premises, the tenancy may be terminated on two months' notice. Similarly, a "family corporation" may give two months' notice if a close family member or friend of a person who owns voting shares in the corporation intends to occupy the rental property. Use Form 8b for this purpose.
NOTE: A tenant cannot be evicted for this reason if they are in a fixed term lease.
If a purchaser of the rental premises or a close family member of a friend intends to occupy the rental premises after the sale closes, the vendor/landlord may end the periodic tenancy on one month's notice. If the purchaser is a "family corporation', the vendor/landlord may similarly end the tenancy on one month's notice if a close family member or friend of a person who owns voting shares in the corporation intends to occupy the rental property. Use Form 8c for this purpose.
NOTE: A tenant cannot be evicted for this reason if they are in a fixed term lease.
If a landlord has all the necessary permits and approvals required by law, a landlord may use Form 8d to end the tenancy on two months' notice for any of the following reasons:
NOTE: A tenant cannot be evicted for this reason if they are in a fixed term lease.
A landlord may end a tenancy on one month's notice using Form 8e if:
NOTE: A tenant cannot be evicted for this reason if they are in a fixed term lease.
If a landlord terminates a periodic tenancy so that the landlord can occupy, or so that a purchaser may occupy, or for demolition, renovation, and other specific uses, or for housing program use (all evictions under section 60) then the tenant has the following rights:
NOTE: A tenant cannot be evicted under s. 60 if they are in a fixed term lease.
When applying for a hearing, you need to submit to the ORT:
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