Know your rights - Landlords & Tenants Rights

Wednesday May 12th, 2021

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How often can a landlord increase rent?

The landlord can increase the rent once every 12 months. The landlord has to give the tenant a 90 day written notice of the increase. There are some exemptions to these rules, for example tenants paying rent-geared-to-income in a social housing unit.
 

 

Can a landlord evict a tenant in the middle of their lease?

A landlord can evict a tenant in the middle of their tenancy agreement in certain situations– usually where the tenant or someone the tenant let into their building, has done something wrong. For example, the tenant has not paid their rent or has damaged the rental property

 
 

Can a tenant be evicted if the landlord wants to use the unit themselves?

Yes, a tenant can be evicted if a landlord requires the unit for:

  • their own use
  • the use of an immediate family member
  • the use of a person who will provide care services to the landlord or a member of the landlord's immediate family, who is living in the same building or complex

Starting September 1, 2017, the landlord must either give the tenant the equivalent of one month's rent or offer the tenant another unit that the tenant accepts.

Only individual landlords, not corporations, can give notice of termination for this reason.

Once the landlord gives the tenant a notice terminating the tenancy for one of these reasons, they can apply to the LTB for an order evicting the tenant. However, a tenant can only be evicted at the end of their tenancy and only if the LTB issues an eviction order.

 

Can a tenant be evicted if the landlord sells the house or building and the person who bought it wants to move in?

Yes, but only if the building has 1-3 units and the person buying the building needs the rental unit for:

  • their own use
  • the use of an immediate family member
  • the use of a person who will provide care services to the landlord or a member of the landlord's immediate family, who is living in the same building or complex

Once the landlord gives the tenant a notice terminating the tenancy for one of these reasons, they can apply to the LTB for an order evicting the tenant. The tenant can only be evicted if the LTB issues an eviction order.

 

What happens when a lease ends? Does it renew automatically?

A tenancy does not end when a fixed term lease expires, unless:

  • The landlord or the tenant gives proper notice to end the tenancy for a reason permitted in the RTA.
  • The landlord and tenant both agree that the tenancy will end.
  • The LTB or the court has issued an order ending the tenancy.

Otherwise the tenancy will renew automatically with the same terms and conditions. However the tenancy will become a month-to-month agreement instead of a yearly one, or a week-to-week agreement if the tenant pays rent weekly. Once the tenancy becomes a month-to-month agreement or a week-to-week agreement, the usual rules about rent increases apply.

 

 

Can a tenant break a lease?

"Breaking a lease" means that a tenant wants to leave their unit before their tenancy agreement is over. For example, a tenant who signed a one year lease might want to move out after eight months.

A tenant and landlord can agree to break a lease. It is best if this agreement is in writing and signed by the landlord and the tenant. You can use Form N11: Agreement to End the Tenancy. If the landlord is not willing to break the lease, the tenant can assign the unit to a new tenant with the landlord's consent.

For more information see the brochure: How a Tenant Can End Their Tenancy.

 

Source - https://tribunalsontario.ca/ltb/faqs/

 

 

 

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