Do You Have to Give 60 days Notice At the End of a Lease in Ontario?

Ontario Lease Termination Notices: A Guide for Tenants and Landlords

In Ontario, the termination of a residential lease agreement is a process governed by the Residential Tenancies Act, 2006 (RTA). The RTA outlines the rights and responsibilities of both tenants and landlords when it comes to ending a lease. One of the most common questions asked is whether tenants must give 60 days’ notice at the end of a lease. While this is a frequent assumption, it’s important to understand the intricacies of the law and the circumstances that influence the required notice period. This guide will delve into the complexities of Ontario lease termination notices, clarifying the rules and exceptions that apply.

Understanding Your Lease Agreement

The first step in navigating lease termination is to thoroughly read and understand the terms of your lease agreement. Your lease is a legally binding contract that outlines the specifics of your tenancy, including the length of the lease term, the rent amount, and the responsibilities of both tenant and landlord. It’s crucial to review your lease carefully, paying particular attention to the section outlining the process for terminating the lease.

While the RTA sets general guidelines, your lease agreement may have specific clauses regarding notice periods. For instance, your lease might stipulate a different notice period than the RTA’s default requirements. In the event of a discrepancy between the RTA and your lease, the RTA takes precedence, but only if the lease’s provisions are less favorable to the tenant than the RTA.

Click here for more information on real estate services Orangeville Ontario
Related Article: Can Someone Live With You Without Being On the Lease Ontario?
Related Article: Can a Tenant Change the Locks in Ontario?

Standard Notice Periods for Lease Termination

The RTA outlines different notice periods depending on the type of lease and the reasons for ending the tenancy. The notice shall be at least 28 days to terminate a daily or weekly tenancy or term and 60 days to terminate all other types of tenancies.

Exceptions to the Standard Notice Period

While the standard notice periods outlined above generally apply, certain circumstances can require a longer notice period or allow for earlier termination. The RTA acknowledges that there might be situations where the standard notice periods are not appropriate.

Early Lease Termination with Landlord Consent

In some cases, tenants may be able to end their lease early, but only with the written consent of their landlord. If the landlord agrees, they might allow for an early termination, potentially with a penalty fee to compensate for the lost rent. However, the landlord cannot unreasonably refuse consent, and the RTA outlines specific criteria they must consider, such as:

• The tenant’s ability to find a replacement tenant

• The landlord’s ability to re-rent the property

• The amount of time remaining on the lease

Landlord’s Right to Terminate the Lease

Landlords also have the right to terminate a lease under specific circumstances. These circumstances typically involve breaches of the lease agreement by the tenant, such as failing to pay rent or causing damage to the property.

If a landlord wishes to terminate the lease, they must follow a specific legal process, which includes providing the tenant with a written notice that outlines the reason for the termination. The tenant has the right to dispute the landlord’s claims, and the matter may be resolved through the Landlord and Tenant Board (LTB).

The Importance of Proper Written Notice

When terminating a lease in Ontario, it’s essential for both tenants and landlords to ensure they follow the proper procedures and provide written notice. The RTA emphasizes the importance of written notice to ensure clarity and avoid misunderstandings. Written notice should clearly state the date the tenant intends to vacate the premises and be delivered to the landlord in a way that provides proof of receipt.

Acceptable Methods of Providing Written Notice

There are several acceptable methods for delivering written notice, ensuring that proof of delivery is retained:

• Personal Delivery

  : Hand-delivering the notice to the landlord or a designated representative, with a signature confirming receipt.

• Registered Mail

  : Sending the notice via registered mail, which provides a trackable delivery confirmation.

• Courier Service

  : Using a reputable courier service, which offers a tracking number and proof of delivery.

It’s crucial to retain a copy of the notice for your records, as this can serve as evidence if any disputes arise. While email is generally not considered a legally acceptable method for providing formal notice, you can use it to send a copy of the written notice.

Click to visit our homepage and find out more about Jennifer Jewell

Conclusion

Understanding the rules and requirements of lease termination in Ontario is vital for both tenants and landlords. The RTA sets out specific guidelines that should be followed to ensure a smooth transition and avoid potential legal issues. While the standard notice period for periodic tenancies is one month, various exceptions may apply, including early termination with landlord consent, and landlords have the right to terminate the lease under specific circumstances. It’s always recommended to consult with legal professionals to gain personalized advice and guidance based on your specific situation. [1]