It’s a common misconception that landlords in Ontario can simply ask a tenant to leave when they feel like it. The truth, however, is far more nuanced and legally regulated. Under Ontario’s Residential Tenancies Act (RTA), landlords must have a valid reason and provide proper notice to end a tenancy. The amount of notice required depends entirely on why the landlord wants the tenant to move out and the type of tenancy.
This blog post will demystify the notice periods required for landlords in Ontario, helping you understand your obligations and the tenant’s rights.
The Foundation: The Residential Tenancies Act (RTA)
The RTA is the governing legislation for residential tenancies in Ontario. It outlines the rights and responsibilities of both landlords and tenants, including the strict rules around ending a tenancy. You can’t just serve any written notice; specific forms from the Landlord and Tenant Board (LTB) must be used for different situations.
Common Reasons and Notice Periods
Here are the most frequent scenarios where a landlord might need a tenant to move out, along with the notice periods required:
1. Landlord’s Own Use or Purchaser’s Own Use (Form N12)
This is one of the most common reasons. A landlord can give notice if they, an immediate family member (spouse, child, parent, or their spouse’s child/parent), or a purchaser (if the property is sold) genuinely intend to move into the unit and occupy it for at least one year.
- Notice Period: At least 60 days written notice using the official Form N12.
- Termination Date: The termination date must be the last day of a rental period (e.g., the last day of a month if rent is paid monthly) and, if it’s a fixed-term tenancy (like a one-year lease), it cannot be earlier than the end date of that fixed term.
- Compensation: The landlord must pay the tenant one month’s rent as compensation by the termination date, or offer an acceptable alternative rental unit. This is a crucial requirement.
- Tenant’s Option: If a tenant receives an N12, they can choose to move out earlier by giving the landlord just 10 days’ written notice using Form N9 (Tenant’s Notice to End the Tenancy).
2. Demolition, Conversion, or Extensive Repairs (Form N13)
If the landlord intends to demolish the rental unit, convert it to a non-residential use, or undertake extensive repairs/renovations that require a building permit and vacant possession of the unit, they can give notice.
- Notice Period: At least **120 days written notice** using the official Form N13.
- Termination Date: Similar to the N12, the termination date must be the last day of a rental period and not earlier than the end of a fixed term.
- Compensation/Right of First Refusal: The tenant may be entitled to compensation (which varies based on the number of units in the complex) and, in some cases, a **right of first refusal** to move back into the unit once the repairs are completed, provided they notify the landlord in writing of their intention to do so.
- Tenant’s Option: A tenant receiving an N13 can also move out earlier by giving the landlord **10 days’ written notice** using Form N9.
3. “For Cause” Evictions (Tenant Violations)
These notices are given when a tenant has violated a term of their tenancy agreement or the RTA itself. The notice period here varies significantly depending on the specific reason:
- Non-payment of Rent (Form N4):
- For daily or weekly tenancies: 7 days
- For monthly or other periodic tenancies: 14 days
Crucially, the tenant can void this notice by paying the full rent arrears plus any new rent due before the termination date.
- Damage to Property (Form N5 – Undue Damage/Interference):
- 20 days for the first notice in a 6-month period for damage that isn’t willful, or for interference. The tenant has 7 days to correct the issue to void the notice.
- If it’s a second N5 for a similar issue within 6 months, the notice period is **14 days**, and there’s typically no opportunity to void the notice.
- Serious Damage / Illegal Act (Form N6 or Form N7):
- These notices are for severe issues like willful damage, illegal activities, or impacting safety. They often have shorter notice periods, typically **10 days**.
Important Note for “For Cause” Evictions: Unlike N12 or N13 notices, these notices do not automatically end the tenancy. If the tenant does not comply or move out, the landlord **must** apply to the Landlord and Tenant Board (LTB) for an eviction order. The LTB will hold a hearing to decide if an eviction is justified.
4. Agreement to End the Tenancy (Form N11)
This is a voluntary agreement between both the landlord and the tenant to end the tenancy on a specific date.
- Notice Period: There is **no minimum notice period** as it’s a mutual agreement. The termination date is whatever both parties agree upon.
- Crucial: This agreement *must* be truly mutual. A landlord cannot pressure or force a tenant to sign an N11. If an N11 is signed at the same time a lease is entered into, it’s generally considered void.
What Landlords MUST Know
- Use Official LTB Forms: Always, always, always use the correct, up-to-date official forms from the Landlord and Tenant Board website. Errors on forms are a common reason for applications to be dismissed.
- Proper Service is Key: Notices must be properly served to the tenant according to the LTB’s rules (e.g., hand delivery, registered mail).
- No Self-Help Eviction: As a landlord, you can never physically remove a tenant, change locks, or cut off essential services to force them out, even if a notice period has expired. Only the LTB can issue an eviction order, and only the Sheriff can enforce it.
- Bad Faith Implications: If you give an N12 or N13 notice and act in “bad faith” (e.g., you don’t actually move into the unit, or you re-rent it at a higher rate shortly after the tenant leaves), the tenant can apply to the LTB for substantial compensation.
Understanding these notice requirements is fundamental to being a responsible and lawful landlord in Ontario. When in doubt, consulting the official Landlord and Tenant Board website or seeking advice from a legal professional specializing in landlord-tenant law is always recommended.
