My tenant and I agreed to terminate the tenancy and we both signed the Agreement to End the Tenancy (Form N11). When the time came for the tenant to move out he did not leave and because I was out of the country for a few weeks I could not do anything about his failure to leave. What is my recourse now? Can I still enforce the agreement to terminate that we signed?
You would be able to file an application with the Landlord and Tenant Board to evict the tenant as long as it’s filed within 30 days from the termination date on the Form N11. If it is past the 30 days then the agreement is now null and void and the tenant can continue the tenancy.
I need to do some renovations to my unit, but it is currently rented. How can I terminate the tenancy in order to do these renovations and increase the rent?
Although a landlord may give an N13 notice to terminate a tenancy at the end of the lease term in order to do extensive renovations, this process would not work in this case. This is because tenants have the “right of first refusal” – in other words, they are allowed to move back into the renovated unit at their previous rent once renovations are complete.
As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N13 when there are less than 5 rental units in the property (3 months’ compensation for buildings with more than 5 rental units). The compensation must be given before the termination date on the notice.
If the current tenants do not move out on their own accord by the end of the fixed term tenancy agreement, landlords may want to explore the option of offering tenants compensation and/or moving expenses in exchange for terminating their tenancy by agreement, using Form N11.
My tenants have asked to terminate their lease early. What form can we sign if I agree to let them go?
The N11 is the right form to use if the landlord and all the tenants agree to terminate the tenancy. The form is available here: https://tribunalsontario.ca/ltb/forms/
Remember to make sure that the correct unit address is listed on the form. Should the tenants fail to move out by the specified date, the follow-up forms would be the L3 Application and a Declaration.
My tenant has signed a Form N11, Agreement to Terminate a Tenancy and has not vacated the rental unit on the agreed termination date, what can I do?
If the tenant has signed an Agreement to Terminate a Tenancy and has not vacated the unit by the termination date the landlord within thirty days must file an L3 application to the Board along with a Declaration stating when the agreement was signed, that the agreement was not signed at the time the tenancy agreement was entered into and that no other agreement was entered into thereafter that would affect the Agreement to Terminate. The Board will issue an order for eviction in the mail which the landlord may then take to the Sheriff for enforcement.
My tenant has signed a Form N11 Agreement to Terminate. If I renovate the rental unit am I required to provide the tenant with the right of first refusal?
When a tenant vacates a rental unit based on having signed an Agreement to Terminate, they do not have the right of first refusal.
I have accepted a Purchase Offer from a buyer, and have given my tenants 60 days’ notice. They have the option to stay with the new landlord but they would rather move out. Have I done my due diligence or am I missing anything?
When a rental property is sold and there is a lease in place, the landlord cannot give notice to terminate the tenancy. The new owner would have to honour the existing lease. However, if your tenants are willing to move out earlier, ask them to sign a Form N11 which is a mutual agreement between the landlord and the tenant to terminate the tenancy. This form can be obtained from the Landlord and Tenant Board’s website at https://tribunalsontario.ca/ltb/forms