My tenant’s one-year lease is expiring soon, and she gave me notice that she will leave at the end of the term. Is there anything I can do if she does not leave by that date? For example, could I increase my tenant’s rent by more than the 1.5% allowed for 2017 because the tenancy is ending?
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/2017-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.
It is highly likely that even if the tenant moved out the tenancy is still legally in effect, since the tenant did not serve you legal notice. Proper notice should have been in written form, to the end of the term or lease, in writing, giving a notice period of at least 60 days. Text communication would not be deemed legal notice.
You are presently in a situation where you should mitigate 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 tenancy generally ends at the end of the rental period. Generally, a tenancy that begins on the first of a month would end at the last day of a month.
If the tenant has given a written notice to vacate and then 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 still take a few weeks to evict them. 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 an Affidavit. These can be obtained from the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.
The tenants signed a one year lease and after just one month advised they are unhappy here and are looking for new accommodation. What are my rights in this situation? They have paid first and last months rent.
If the tenants chose to leave there is nothing you can do to stop them, however if they do move out they are breaking the lease and they will still be liable for the rent until you find a new tenant. Once you have confirmation that they are leaving you must try to re-rent as soon as possible. They also have the right to assign their lease to someone else with your approval, perhaps you can mention this to them and let them find another person to take over the lease. For more information on assignment of tenancy please refer to the our Fact Sheet on this issue, here is the link, https://landlordselfhelp.com/media/2017-Subletting-and-Assignment.pdf.
The tenant has verbally agreed to vacate the unit at the end of the Tenancy Agreement, is that valid notice?
The tenant is required to give you a proper notice if they intend to vacate, they have not done so by just stating that they don’t intend to renew the lease. If they move out without providing the proper notice you do have the right to sue for your loss of rent in Small Claims Court.
My tenant wants to move out 6 months early. If I advertise the place for rent and I don’t find anyone for the first of the coming month, can I request that she pay that month’s rent?
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 tenant can still be held liable for any loss of rent that the landlord incurs.
When a tenant moves out without providing proper notice which must be 60 days, the landlord must try to mitigate his losses and try to re-rent the unit as soon as possible. The tenant would be liable for the rent during which the unit was vacant. In order to claim this from the tenant, you would have to file a claim in Small Claims Court, although you will need to have the tenant’s current residential address.
If your tenant is definitely moving out there is no sense in serving him the notice of non-payment of rent at this point. The only other option you have then is to file a claim in Small Claims Court to obtain a judgment. There are several ways you can try to enforce that including garnishing wages, garnishing their bank account or a collection agency.
If your tenant has vacated the rental unit without 60 days notice, the landlord must try to mitigate their losses by attempting to re-rent the rental unit as soon as possible. Any losses, including the cost of advertising, can be recovered from the tenant by bring a claim against them in Small Claims Court. You must have the former tenant’s new residential address in order to serve the claim. For more information on the Small Claims Court process please visit https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/.
My tenant gave notice to move out and didn’t. I already rented the unit to a new tenant. Can I remove the old tenant’s belongings? What are my obligations to the new tenant aside from giving back the deposit, she has no place to go?
You cannot remove the tenant’s belongings if the tenant fails to move out as a result of her notice of termination notice. If the “notice” is proper notice (at least 60 days, signed, written notice, identifying the unit’s address, terminating at the end of a rental period) and they failed to vacate, you will still have to file an application with the Landlord and Tenant Board to obtain an eviction order which will still take a few weeks. 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/. Of course the 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.
My tenant failed to give me 60 days notice, I received an email on the first of the month advising she’d vacate on the 27th. What can I do?
If your tenant ends up leaving on the 27th, your recourse is to try to re-rent the unit as soon as possible and then you would have to take her to Small Claims Court for your loss of rent and also for the damages she has caused. 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 can also be downloaded from this site, http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/
Is an email to end a tenancy considered sufficient notice to a landlord? Can I insist that the tenant provide me with the proper N9 form? Would that mean the required 60-day notice would be effective from the day I receive the N9 form?
A notice to terminate a tenancy given by email is not considered a proper notice. You should insist that they give you notice on the proper form. If they do give you the N9 form at this point, the 60 days’ count begins from the first of the month and ends on the last day of the month. If they do not give sufficient notice, you have an obligation to mitigate your losses and try to re-rent the unit as soon as possible. However, if you do incur any loss of rent, then they would be liable for that rent.
I rented half of a duplex to two tenants and one has given notice to leave. The remaining tenant wants to be sole tenant and have control over anyone else that moves in with her. Can I refuse? Can I increase the rent to reflect increasing costs?
It is not unlawful for a tenant to have temporary or even permanent guests living with them, and there is usually not much a landlord can do about it. Unfortunately, landlords don’t have much control as to who is living there, and the tenant is not obligated to provide any information about them either. You wouldn’t draft up a new rental agreement, the tenancy continues with the remaining tenant. She is not obligated to sign a new rental agreement. As for increasing the rent, you cannot increase it based on the extra people residing there. You will have to wait until the one year period is up and increase it at that point with a proper 90 day notice, on the prescribed form (Form N1) and by the guideline amount for that year. To increase the rent above the guideline based on renovations, there are only two ways to do this: One is if the tenant agrees to the increase, in which case you would have the tenant sign an Agreement to Increase Rent Above the Guideline (Form N10); or if the tenant does not agree, you would have to file an application with the Board for approval to increase above the guideline which is done with a Form L5 application. You can read up more about these procedures on the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/.
A tenant has given notice of early termination on a one year written tenancy agreement. Is there a penalty that the landlord can charge a tenant for breaking the lease?
When a tenant breaks a lease, the landlord must mitigate his/her losses and try to re-rent the unit as soon as possible. The tenant is liable for the rent until the unit is re-rented and also for the landlord’s advertising costs. There is no other penalty that can be charged for breaking a lease.