A tenancy agreement is legally binding, and ending it requires following specific steps to avoid legal issues. If you are a tenant in Ontario seeking to terminate your tenancy, this guide outlines the correct process.
The Process of Ending a Tenancy
In Ontario, tenants must provide their landlord with a Notice to Terminate a Tenancy (Form N9) when they decide to move out. This is also known as an end of tenancy notice. The amount of notice required depends on the tenancy duration:
- Monthly tenancy: Provide at least 60 days’ notice before the termination date (usually the last day of a rental period).
- Fixed-term lease: If your lease ends on a specific date, you must provide 60 days’ notice before the lease end date.
- If you are giving a one month notice to end tenancy, this is only applicable in specific situations, such as if you have a valid agreement with the landlord.
For more details, visit the Landlord and Tenant Board (LTB) website.
Terminating Due to Breach of Responsibilities
If your landlord breaches their legal responsibilities, you may be able to end the tenancy early. Steps include:
- Inform the landlord in writing about the issue, giving them reasonable time to resolve it.
- If unresolved and the issue poses a serious risk to health or safety, you can give a 7-day notice to end the tenancy.
To ensure your notice to end tenancy is valid:
- Provide the notice in writing.
- Include your reason for ending the tenancy.
- Specify the termination date clearly.
- Sign and date the notice.
If you have concerns about whether your notice is valid, you can contact the Landlord and Tenant Board for guidance.
What Happens If No Proper Notice Is Given?
If a tenant fails to give proper notice and leaves the rental unit, the landlord may be entitled to rent for the notice period that should have been provided. Additionally, the landlord may withhold a portion of the security deposit to cover unpaid rent.
Final Steps When Ending a Tenancy
To ensure a smooth move-out process and avoid disputes:
- Arrange a final inspection with your landlord.
- Clean the property thoroughly and remove all your belongings.
- Close utility accounts and transfer them back to the landlord’s name.
- Pay all outstanding rent and utility bills.
- Record the condition of the property with photos or videos.
- Provide your landlord with a forwarding address for any future correspondence.
Checklist for Tenants Ending Their Tenancy
- Provide a valid written Notice to Terminate a Tenancy.
- Ensure the rental unit is clean and free of personal belongings.
- Pay all outstanding rent and utility bills.
- Document the property’s condition with photos or videos.
- Conduct a final inspection with the landlord.
- Return all keys to the landlord.
- Keep copies of all communications and documentation related to your move-out.
Conclusion
Ending a tenancy in Ontario requires careful planning and proper notice to ensure compliance with the Residential Tenancies Act. By following the correct steps and using official forms like the Notice to Terminate a Tenancy (Form N9), you can protect yourself from potential disputes and ensure a smooth transition out of your rental unit. For additional guidance, consult the Landlord and Tenant Board or seek legal advice if needed.
