Termination of Rental Agreement Ontario: A Guide for Landlords and Tenants
When a rental agreement is signed in Ontario, it is considered a legally binding contract between the landlord and the tenant. However, situations may arise that require the termination of the rental agreement before the end of the lease term. In this article, we will explore the process of terminating a rental agreement in Ontario, and what landlords and tenants need to know.
Grounds for Termination
There are several grounds for terminating a rental agreement in Ontario. These include:
1. Breach of the rental agreement by the landlord or tenant
2. Non-payment of rent by the tenant
3. Illegal activities carried out by the tenant on the rental property
4. Nuisance or disturbance caused by the tenant
5. Landlord requires the rental unit for personal use or the use of a family member.
Notice Periods
The notice period required for termination of a rental agreement depends on the grounds for termination. If the tenant has breached the agreement, the landlord can give the tenant a notice to terminate the agreement immediately. For non-payment of rent, the landlord can give the tenant a notice to terminate the agreement after the rent is at least 15 days overdue. For all other grounds, the landlord must give the tenant a notice to terminate the agreement of at least 30 days.
If the landlord requires the rental unit for personal use or the use of a family member, the notice period increases to 60 days. Additionally, the landlord must provide the tenant with compensation equal to one month’s rent or offer another rental unit that is acceptable to the tenant.
Notice to Terminate Agreement
The notice to terminate a rental agreement must be in writing and provide specific information such as the address of the rental unit, the grounds for termination, and the date the tenant must vacate the rental unit. The notice must also include information on the tenant’s rights, such as the right to dispute the termination through the Landlord and Tenant Board.
The notice must be given to the tenant in person or sent through registered mail. If the tenant cannot be found, the notice can be posted on the rental unit’s door or left in a conspicuous place where the tenant will see it.
Disputing the Termination
If the tenant wishes to dispute the termination of the rental agreement, they can file an application with the Landlord and Tenant Board. The board will then hold a hearing to determine whether the termination is valid or not.
If the tenant fails to vacate the rental unit on the specified date, the landlord can apply for an eviction order from the board. If the tenant still does not vacate the rental unit, the landlord can request a sheriff to carry out the eviction.
Conclusion
Terminating a rental agreement can be a complicated process that requires careful consideration of the legal rights of both landlords and tenants. As a landlord or tenant in Ontario, it is important to understand the grounds for termination, the notice periods required, and the process for disputing a termination. By following these guidelines, you can ensure that the termination of your rental agreement is carried out properly and legally.
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