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.
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.
