How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Ontario?

How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Ontario?

As a landlord in Ontario, it’s essential to understand the rules and regulations surrounding tenant evictions. Whether you’re dealing with non-payment of rent, planning major renovations, or selling your property, knowing how much notice to give your tenants is key to ensuring that you’re complying with Ontario’s Residential Tenancies Act, 2006 (RTA). In this guide, we’ll cover the notice periods required for different situations, helping you manage your rental property effectively and legally.

Types of Tenancy Agreements

First, it’s important to identify the type of tenancy agreement you have with your tenant, as this will impact the notice period required:

1. Fixed-term tenancy: A lease agreement for a specific period, such as one year.
2. Month-to-month tenancy: When a fixed-term lease has expired, or there was never a fixed term, and rent is paid monthly.

Understanding the nature of your agreement will help you determine the appropriate notice period.

Common Reasons for Giving Notice and the Required Timeframes

Here are the most common scenarios where you might need to give notice to a tenant, along with the required notice periods:

1. Non-Payment of Rent:
   • If your tenant has not paid their rent, you can issue a 14-day notice using the N4 form. This notice gives the tenant 14 days to pay the overdue rent or vacate the property. If they pay within this period, the notice becomes void.
2. Personal Use of the Property:
   • If you or an immediate family member intends to move into the rental unit, you must provide at least 60 days’ notice using the N12 form. This notice must coincide with the end of the lease term or rental period.
3. Renovations or Repairs:
   • If significant renovations or repairs require the tenant to vacate, you are required to give 120 days’ notice using the N13 form. In many cases, the tenant has the right to return to the property once the work is completed.
4. Sale of the Property:
   • If the property is sold, and the new owner (or their close family member) plans to move in, you must provide 60 days’ notice. This notice must align with the end of the lease or rental period and be issued using the appropriate form.
5. End of a Fixed-Term Tenancy:
   • If you do not wish to renew a fixed-term lease, you must provide your tenant with 60 days’ notice before the lease expires. If this notice is not given, the tenancy automatically transitions to a month-to-month agreement.

Shorter Notice Periods

In certain situations, the notice period can be shorter:

• Illegal Activities: If the tenant or someone in the unit is involved in illegal activities, you may provide 10 days’ notice.
• Serious Damage or Safety Issues: If the tenant causes significant damage to the property or poses a safety risk, a 10-day notice is also applicable.

Steps to Take When Giving Notice

If you find yourself needing to give notice to a tenant, follow these steps to ensure the process is handled correctly:

1. Issue the Correct Notice Form: Ensure you use the appropriate form (e.g., N4, N12, N13) based on the reason for eviction.
2. Follow the Proper Procedure: Make sure the notice is delivered in accordance with the law, including the correct notice period and method of delivery.
3. Consult the Landlord and Tenant Board (LTB): If you are unsure about any part of the process, the LTB is an excellent resource for advice and guidance.
4. Consider Negotiation: In some cases, especially if the tenant is cooperative, it may be beneficial to negotiate terms directly with them, such as adjusting the move-out date or offering compensation.

The Importance of Following Proper Procedures

As a landlord in Ontario, being aware of the correct notice periods and procedures for evicting a tenant is crucial to maintaining a smooth and legally compliant rental operation. Whether you need to remove a tenant for non-payment of rent, personal use, or other reasons, following the guidelines set out in the Residential Tenancies Act, 2006 ensures that you are acting within the law. If in doubt, always seek advice from the Landlord and Tenant Board or a legal professional to avoid potential disputes and legal complications.