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Ending a Tenancy

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1. Ending Tenancy by the Tenant

To give a month’s notice to vacate to end a month-to-month tenancy, a tenant must complete the Notice to Landlord to Terminate the Tenancy form 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. Use Form 6a - Tenant’s Notice to Vacate Early for Cause for this purpose.

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2. Landlord Regaining Possession of Unit - General

A landlord cannot regain possession unless:

  • the tenant leaves on their own; or
  • a sheriff from the Court of Queen’s Bench removes the tenant. 

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 Application for Claim under 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.

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3. Landlord Regaining Possession of a Unit - Eviction for non-payment of rent or utilities - s. 57

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. 

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4. Landlord Regaining Possession of a Unit - Eviction for cause - s. 58

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.

  1. failing to pay the security deposit within 30 days of when it is due;
  2. repeated late payment of rent:
  3. unreasonable number of occupants;
  4. disturbing or interfering with other persons, including the landlord, seriously jeopardizing the health and safety of others, or putting the landlord's property at risk; 
  5. engaging in noxious, offensive or illegal activity that:
    • is likely to damage the landlord's property;
    • affects the quiet enjoyment, security, safety or physical well-being of others; or
    • jeopardizes a lawful right or interest of others.
  6. causing extraordinary damage;
  7. failing to repair damage within a reasonable time;
  8. breach of the tenancy agreement;
  9. repeated violation of reasonable rules established by the landlord;
  10. purporting to assign a tenancy agreement without written approval;
  11. giving false information to a prospective tenant or purchaser;
  12. to comply with an order to vacate by a lawful authority;
  13. for failing to comply with housing program requirements in the tenancy agreement;
  14. the tenant fails to comply with an order made by ORT
  15. any other grounds that a hearing officer determines to be reasonable;
  16. breach of a municipal bylaw or failing to pay municipal charges that may result in an assessment being added to the property taxes; and
  17. a tenant living in a home with the landlord may be given notice that smoking is no longer allowed in the home. Any subsequent smoking in the house is grounds for eviction without further notice. 
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5. Landlord Regaining Possession of a Unit - Eviction of Employee - s. 59

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.  

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6. Landlord Regaining Possession of a Unit - Eviction for landlord to occupy rental unit - s. 60(4) or (5)

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. 

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7. Landlord Regaining Possession of a Unit - Eviction following sale so purchaser may occupy - s. 60(6)

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 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. 

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8. Landlord Regaining Possession of a Unit - Eviction for demolition, renovation and other specific uses - s. 60(7)

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:

  1. Demolition;
  2. Renovation in a manner that requires vacant possession;
  3. Conversion to a housing cooperative;
  4. For use by a caretaker, manager or superintendent of the residential property; and
  5. Non-residential use.
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9. Landlord Regaining Possession of a Unit - Eviction for Housing Program Use - s. 60 (7.1)

A landlord may end a tenancy on one month's notice using Form 8e if:

  1. The landlord intends to convert the rental unit for use in a housing program;
  2. The tenant is no longer eligible for a housing program (for example, the tenant or family income has increased and exceeds program eligibility); or
  3. The tenant occupies a rental unit whose size or structural features exceed the requirements of the tenant and the tenant's family (for example, if the rental unit is adapted for wheelchair access, and no member of the family remaining in the rental unit needs a wheelchair).
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10. Tenant Rights When Evicted Under s. 60

If a landlord terminates a 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:

  1. To terminate the tenancy on 10 days' notice if the tenant wants to leave early; and
  2. To claim compensation for being wrongfully evicted if the landlord does not, within a reasonable time, use the premises for the purpose given as the reason for eviction, or uses the premises for that purpose for less than six months. 
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11. Checklist to Apply to ORT for an Order for Possession

When applying for a hearing, you need to submit to the ORT:

  1. The application form, properly completed;
  2. A copy of the Notice to Vacate given to the tenant, including the dispute notice, if signed by the tenant;
  3. A certificate of service showing that the Notice to Vacate was given to the tenant; 
  4. A copy of any written tenancy agreement;
  5. The fee of $50;
  6. For eviction for rent overdue more than 15 days, or for repeated late payment of rent, include a copy of the rent ledger; and
  7. For eviction to allow a purchaser to occupy, submit:
  • A copy of the agreement for sale and purchase; and
  • A copy of the purchaser's written request to evict the tenant.

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