What can I do if my tenant does not give sufficient notice to vacate the unit?

If your tenant fails to give you the required notice (60 days for a monthly tenancy or 28 days for a weekly tenancy), your recourse is to try to re-rent the unit as soon as possible to minimize your losses. If the tenant vacated prior to  September 1, 2021, once the unit has been re-rented and you have calculated your losses, a claim can be filed with the Small Claims Court. Below is a link to the Small Claims website where you can find information on how to file a claim. The required forms can also be downloaded from this site: https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/index.php#01. In order to sue in Small Claims Court you will require the tenant’s new address, try to get this information before they vacate.

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 need to know 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/.

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