Navigating a month-to-month tenancy in Ontario can be tricky without a clear understanding of the rules. This type of rental agreement, also known as a periodic tenancy, automatically renews each month, and both landlords and tenants must follow specific laws to end it. This guide will clarify the legal notice requirements, including the mandatory N9 form, and explain the different reasons and forms landlords must use. Read on to learn everything you need to know about providing and receiving notice to end a month-to-month tenancy in Ontario.
What is a Periodic Tenancy?
A periodic tenancy is a type of rental agreement that automatically renews at the end of each rental period—most commonly on a month-to-month basis. This often happens after a fixed-term lease, like a one-year agreement, expires and is not renewed. The tenancy continues under the same terms and conditions as the original lease, but with the added flexibility of a monthly renewal.
Month-to-Month Tenant Rights in Ontario
The core principle governing month-to-month tenancies in Ontario is that a tenant’s rights are virtually identical to those of a fixed-term tenant, with both fully protected under the Residential Tenancies Act (RTA). A month-to-month tenancy is not temporary; it is often referred to as an “evergreen” lease that automatically renews at the end of each rental period until lawfully ended by either the tenant or the landlord.
Security of Tenure and Eviction Protections
A key protection for a month-to-month tenant is security of tenure. This means that once a fixed-term lease ends and converts to a monthly agreement, the tenant has the right to stay in the unit until they choose to move out, or until the landlord obtains a legal eviction order from the Landlord and Tenant Board (LTB).
- Eviction Must Be for Cause: A landlord cannot end a tenancy simply to regain possession of the unit or to raise the rent for a new tenant. They must have a valid, RTA-approved reason, which generally falls into two categories:
- “No-Fault” Evictions: Reasons not related to the tenant’s actions, such as the landlord or a specific family member intending to move into the unit, or the landlord planning major repairs, renovations, or demolition. In these cases, the tenant is typically entitled to compensation.
- “For-Cause” Evictions: Reasons related to the tenant’s actions, such as consistently late rent payments, substantial interference with others, or causing undue damage.
- The LTB Process: Even if a landlord issues a written notice of termination, the tenant is not required to move out. The notice is merely the first step. The tenancy only ends if the landlord applies to the LTB and is successful in getting an official eviction order following a hearing. The tenant has the right to attend this hearing and challenge the landlord’s application.
Maintenance and Vital Services
The landlord bears significant responsibility for the unit’s condition, regardless of the tenancy duration.
- Landlord’s Duty to Repair: The RTA mandates that the landlord must keep the rental unit and the residential complex in a state of good repair, fit for living, and in compliance with all housing, health, safety, and maintenance standards. This includes all items provided in the unit, like appliances, heating, plumbing, and electrical systems. This duty is non-negotiable and applies even if the tenant was aware of a problem when they moved in.
- Vital Services: A month-to-month tenant has the right to the continuous, reasonable supply of vital services, including heat (from September 1 to June 15), hot and cold water, electricity, and fuel (such as natural gas or oil). A landlord cannot cut off or interfere with these services, even if the tenant is late on rent.
Privacy and Access to the Unit
The month-to-month tenant has a legal right to quiet enjoyment and privacy within their unit, which strictly limits how and when a landlord can enter.
- 24 Hours’ Written Notice: In almost all non-emergency situations, the landlord must provide the tenant with written notice at least 24 hours before entering the rental unit. This notice must state the reason for the entry, the specific date, and a time of entry between 8:00 a.m. and 8:00 p.m.
- Permitted Reasons for Entry: Entry must be for a specific, lawful reason, such as making repairs, conducting an inspection, or showing the unit to a prospective purchaser or tenant (only after notice of termination has been given).
- Entry Without Notice: A landlord may only enter the unit without written notice in cases of genuine emergency (e.g., a fire or flood) or if the tenant agrees to the entry at that specific time.
Tenant Notice for Ending a Month-to-Month Tenancy
For tenants, ending a month-to-month tenancy requires careful adherence to the legal requirements.
- 60-Day Written Notice: A tenant must give the landlord at least 60 days’ written notice to end the tenancy. This notice must be in writing.
- The Termination Date: The termination date must be the last day of a rental period. For example, if rent is due on the first of each month, the termination date must be the last day of a month (e.g., October 31).
- The Mandatory Form: N9 Form: To provide proper notice, a tenant must use the official Form N9: Tenant’s Notice to End the Tenancy from the Landlord and Tenant Board (LTB). This form is legally required to ensure the notice is valid. You can download the n9 form Ontario from the LTB website.
Landlord Notice for Ending a Month-to-Month Tenancy in Ontario
The laws for landlord notice for ending a month-to-month tenancy in Ontario are different and more restrictive than those for tenants. Landlords cannot end a tenancy without a valid reason as specified by the Residential Tenancies Act (RTA).
- Valid Reasons Required: A landlord must have a specific, legally-recognized reason to end a periodic tenancy. Common reasons include:
- Landlord’s/Purchaser’s Own Use: The landlord or a family member intends to move into the unit. This requires an N12 form.
- Demolition, Conversion, or Extensive Repairs: The landlord plans to demolish the building or do major renovations that require the unit to be vacant. This requires an N13 form.
- Tenant’s Actions: The landlord can issue a notice for reasons “for cause,” such as non-payment of rent (N4), illegal acts (N6), or causing damage (N5).
- 60-Day Written Notice (Generally): In most cases, such as ending a tenancy for their own use, a landlord must provide at least 60 days’ written notice. This is outlined in the RTA, section 48.
- Compensation: When a tenancy is terminated for the landlord’s or purchaser’s own use (N12), the landlord is legally required to compensate the tenant with one month’s rent. This is specified in the RTA, section 48.1.
Key Takeaways for Landlords and Tenants
- Written Notice is a Must: Always provide and receive notice in writing. Verbal agreements or notices are not legally binding.
- Use the Right Forms: Ensure you are using the correct LTB form for the situation (e.g., the N9 form for tenants, and the N12 or N13 for landlords).
- Proof of Delivery: Keep a record of how and when the notice was delivered to the other party to avoid future disputes.
- Follow the Termination Dates: A notice is only valid if the termination date aligns with the last day of a rental period.
