Terminating the Tenancy Agreement: No-Fault Grounds

• Author: John Dickie/David Lyman
• Pages: 127-147

127

10

Terminating the

TenancyAgreement:

No-Fault Grounds

Learning Outcomes

After reading this chapter, you will be able to:

• Identify the grounds for termination of a tenancy at

the end of its term

• Describe the ways a tenant can defend a notice to

terminate for personal use

• Explain relief from forfeiture

• Describe the ways a tenant can defend an application

based on terminations for demolition, conversion, or

major repair or renovations

Termination for Personal or Family Use ... 131

Defending a Notice to Terminate for

PersonalUse ....................... 136

Termination for Demolition .............. 140

Termination for Conversion to a Non-

Residential Use ..................... 140

Repairs or Renovations ................. 141

Defending Applications Based on

Terminations for Demolition,

Conversion, or Major Repairs or

Renovations ........................ 142

Persistent Late Payment ................. 144

Termination for Employment That Has

Been Terminated .................... 145

Termination for Ceasing to Meet

Qualifications in Public Housing ...... 145

Termination Due to a Collateral

Agreement to Purchase a Proposed

Condominium Unit .................. 146

Severances and Condominium

Conversions ........................ 146

Conclusion ............................. 146

Key Terms ............................. 147

Review Questions ...................... 147

Discussion Issues ....................... 147

© [2022] Emond Montgomery Publications. All Rights Reserved.

128 WORKING WITH THE RESIDENTIAL TENANCIES ACT

In Ontario, residential tenants have “security of tenure.” That means that to evict a

tenant, a landlord must have a reason specified in the Residential Tenancies Act, 20061

(ss37(1), 38, 39). The landlord cannot end a tenancy or evict a tenant merely because

the landlord wants to do so or because the lease comes to an end. Table 10.1 sets out

the valid grounds for termination at the end of a term, as well as the notice periods

required.

An example of a form for a notice of termination at the end of a term of tenancy is

Form N8, which is set out in Figure 10.1.

The RTA seeks to prevent landlords from terminating tenancies for improper reasons

or if the termination is unfair. This matter is discussed below, under the heading

“Seeking Section 83 Relief (Relief from Forfeiture).” The considerations raised there

apply to all the grounds for termination set out in this chapter.

1 SO 2006, c 17 [RTA].

TABLE 10.1 Grounds for Termination at End of Term

Description

RTA

Section

Notice

Period LTB Form

Personal or family use (use by the landlord,

the landlord’s spouse, or the child or parent

of the landlord or the landlord’s spouse)

s48(1) 60 days N12

Personal or family use by the purchaser of a

1-, 2-, or 3-unit building

s49(1) 60 days N12

Occupation by a caregiver who will provide

services to the landlord or a family member

living in the residential complex

ss48(1)(d),

49(1)(d)

60 days N12

Demolition s50(1)(a) 120 days N13

Conversion to a use other than residential s50(1)(b) 120 days N13

Renovations or repairs that require vacant

possession and a building permit

s50(1)(c) 120 days N13

Persistent late payment of rent s58(1)1 60 days* N8

Ceasing to meet income qualifications in

public housing

s58(1)2 60 days* N8

Cessation of employment where tenant was

landlord’s employee

s58(1)3 60 days* N8

Agreement collateral to an agreement to buy

a proposed condominium unit

s58(1)4 60 days* N8

* For the grounds under s 58, the notice period is normally 60 days, but it is 28 days in the case of a daily

or weekly tenancy.

© [2022] Emond Montgomery Publications. All Rights Reserved.