While the tenancy continues, the terms of the original tenancy remain the same. Therefore you cannot set a new rent (or increase above the guideline) unless the tenancy ends and the original tenant moves out.

For the tenancy to end, the tenant would have to physically leave, or you would have to attempt to enforce the notice she gave to you by filing an L3 application to terminate the tenancy with the Landlord and Tenant Board.

You would likely get a termination order if her original notice contains the required elements. Please see our fact sheet on ending a tenancy here: https://landlordselfhelp.com/media/2024-Ending-a-Tenancy.pdf

The tenant could, however, still file to set the order aside, get a hearing and plead her situation before the Board Member, but it is hard to predict the outcome of such hearings. In the meantime, it would not be practical to re-rent the unit, as it creates great confusion for the next tenant as to when or if they can legally move in.

Proper notice is required in written form, to the end of the term or lease, giving a notice period of at least 60 days. Text communication would not be deemed legal notice.

In your situation, you should minimize your losses by trying to re-rent the unit. Although the tenant is technically owing rent until it is re-rented, it is best in these situations to focus on re-renting, as the odds of successfully obtaining and enforcing an order for payment of rent is quite low. 

A tenant should vacate at the end of the rental period or fixed term. A tenant must provide at least 60 days notice (form N9) terminating at the end of the rental period or fixed term.

If the tenant has given a written notice to vacate and does not move out according to their notice, you will have to file an application with the Landlord and Tenant Board to get an eviction order based on the notice they gave you. This process can take a few weeks before you recover possession of the rental unit. It is possible that they can stay there without paying rent until you obtain the order to evict. To apply to the Board based on the notice given by the tenant you will need a Form L3 and a Declaration form. You can also file the L9 application to collect the unpaid rent.  These forms can be obtained from the Board’s website at https://tribunalsontario.ca/ltb/forms/

If the tenants chose to leave, there is nothing you can do to stop them. However, if they move out, they are breaking the contract.  Once you have confirmation that they are leaving, you must try to re-rent the unit as soon as possible. They also have the right to assign their lease to someone else with your approval.  For more information on assignment of tenancy please refer to the our Fact Sheet on this issue,  https://landlordselfhelp.com/media/2024-Subletting-and-Assignment.pdf

The tenant is required to give you a proper notice if they intend to vacate. They have not complied with notice requirements by simply stating that they do not intend to renew the lease. If the tenant moves out without providing the proper notice, the landlord is obligated to mitigate their losses and re-rent the unit as soon as possible.   As of September 1, 2021, landlords can file an application for loss of rent that the landlord incurred with the LTB up to one year after the tenant moves out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them. The prescribed form is available on the LTB website at https://tribunalsontario.ca/ltb/forms/.

When a tenant breaks a lease, the landlord has an obligation to mitigate his losses and try to re-rent the unit as soon as possible.  As of September 1, 2021, landlords can file an application to collect rent arrears and/or compensation that you believe the former tenant owes you with the LTB within one year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them.

The tenant must provide proper written notice which should be at least 60 days on the N9 form.  However, the landlord must try to minimize his rent losses and try to re-rent the unit as soon as possible when no proper notice is given.  As of September 1, 2021, a landlord can file an application to collect rent arrears and/or compensation that they believe the former tenant owes them with the LTB within one year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. If the tenant vacated prior to September 1, 2021 you would have to sue in Small Claims Court. However, in order to file this application with the LTB or a claim in Small Claims Court, the landlord needs to know the tenant’s current residential address.

If your tenant is moving out without a doubt, you should not serve him with a notice of non-payment of rent. As of September 1, 2021, landlords can file an application for arrears of rent with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021.

Once you have obtained an order from the LTB, there are several ways you can try to enforce that order including garnishee of wages, garnishee of the bank account or recovery using the services of a collections agency.

If your tenant has vacated the rental unit without providing you with 60 days notice, you must try to minimize you rent losses by re-renting the rental unit as soon as possible. Once you have an accurate account of your losses, including the cost of advertising and if your tenant vacated prior to September 1, 2021, you can bring a claim against the tenant in the Small Claims Court. For more information on the Small Claims Court process, please visit  https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/.

As of September 1, 2021, a landlord can file an application to collect rent arrears and/or compensation that they believe the former tenant owes them with the LTB within one year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them. The prescribed form is available on the LTB website at https://tribunalsontario.ca/ltb/forms/.

You cannot remove the tenant’s belongings if the tenant fails to move out as a result of her notice of termination. If she gave you written notice (N9 form) including at least 60 days, signed, identifying the unit’s address, terminating at the end of a rental period, and they failed to vacate, you can file an application with the Landlord and Tenant Board to obtain an eviction order called an L3 Application. The application and instructions for the L3 Application can be found on the Landlord and Tenant Board website at https://tribunalsontario.ca/ltb/forms/. A landlord should not sign a new lease with new tenants until the old tenants are no longer in possession of the unit. The new tenants who are supposed to move in will not be able to do so. As a result they can file an application against you at the Landlord and Tenant Board.

If your tenant ends up leaving according to the notice, your recourse is to try to re-rent the unit as soon as possible in order to minimize your rent losses. As of September 1, 2021, you can file an application to collect rent arrears and/or compensation that you believe the former tenant owes you with the LTB within one year from the date the tenant moved out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them. The prescribed form is available on the LTB website at https://tribunalsontario.ca/ltb/forms/.

Notice to terminate a tenancy given by email is not considered proper notice. You should insist that they give you notice on the proper N9 form. Form N9 must be at least 60 days notice from the date it is served to the landlord and terminate on the last day of the rental period or fixed term.

Unfortunately, landlords do not have control as to who is living in the unit, and the tenant is not obliged to provide any information about their roommates or guests either.

You are not required to draft up a new rental agreement as the original tenancy continues with the remaining tenant. The tenant is not obligated to sign a new rental agreement either.

As for increasing the rent, you cannot increase the rent based on new people residing in the unit. You can only increase the rent legally by providing a proper 90 day notice on the prescribed form (N1) every twelve months for sitting tenants and following the guideline amount.

When a tenant breaks a lease, the landlord has an obligation to mitigate their losses and try to re-rent the unit as soon as possible. If the landlord incurs any rent losses and extra expenses for advertising the unit, the landlord would have to sue the former tenant in Small Claims Court if the tenant vacated prior to September 1, 2021. https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

As of September 1, 2021, a landlord can file an application for loss of rent that the landlord incurred with the LTB up to one year after the tenant moves out of the rental unit. The tenant must have moved out of the rental unit on or after September 1, 2021. However, in order to file this application with the LTB, you will have to find out the tenant’s new residential address to be able to serve them. The prescribed form is available on the LTB website at https://tribunalsontario.ca/ltb/forms/.