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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/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 are quite low. The chances of collecting for the utilities owing are also very low.

A tenant should vacate at the end of the rental period. Generally, a tenancy that begins on the first of a month and ends the last day of the month.

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 together with the L3 application. These forms can be obtained from the Board’s website at http://www.sjto.gov.on.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/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, you have the right to sue for your loss of rent in Small Claims Court provided that you have minimized your rent losses by re-renting the rental unit as soon as possible.

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. However, the landlord is unable to minimize his rent losses, he can try to sue the tenant in the Small Claims Court.

Guide to Making a Claim – https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

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 property notice is given. In order to claims rent losses due to short notice or no notice given by the tenant, the landlord would have to sue in the Small Claims Court. To file this claim, the landlord needs to know the tenant’s current residential address.

Guide to Making a Claim – https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

If your tenant is moving out without a doubt, you should not serve him with a notice of non-payment of rent. The only other option you have then is to file a claim in the Small Claims Court to obtain a judgment based on unpaid rent.

Once you have obtained a judgment from Small Claims Court, there are several ways you can try to enforce that judgment including garnishee of wages, garnishee of the bank account or recovery using a collection 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, 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/.

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 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 still have to file an application with the Landlord and Tenant Board to obtain an eviction order. The application and instructions for the L3 Application can be found on the Landlord and Tenant Board website at http://www.sjto.gov.on.ca/ltb/forms/. The new tenants who are supposed to be moving in will not be able to do so and they could claim from you any costs they incur as a result of not being able to move in the Ontario Small Claims Court.

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.  You would then have to take sue the tenant in the Small Claims Court for your loss of rent and expenses incurred as a result of not giving proper notice to vacate. Below is a link to the Small Claims Court website where you can find information on how to file a claim and the forms required, http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

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. If they give you the N9 form, the 60 days’ notice begins on the first of a rental period and ends on the last day of the rental period.

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. there, and the tenant is not obligated to provide any information about them 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 is the Small Claims Court. https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

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