Canary District Living: Home
06 January 2019
Canary District Living

The Residential Tenancy Act (RTA) have laid out a set of rules landlords and tenants must abide by. Depending on the reasons for eviction, the time frame for giving notice for tenants to leave can vary.

There are two types of evictions:for cause and no fault:-

For cause evictions can include:

  • Not paying rent on time
  • Damaging the rental property
  • Nuisance to other residents or the landlord
  • Illegal activity within the rental property

No-fault evictions can include:

  • Landlord wants to move in
  • Landlord’s immediate family member(s) or caretaker needs to move in
  • The property is being sold and the new homeowner(s) want to live in it

Bad Faith:

As a landlord, you see your rental property as a business. If you see that this year the rent is increasing by 11% in downtown Toronto since last year but the rent increase allotted for this year is 1.8%, the temptation to want to re-rent at a high price is understandable but unlawful.

The rent increase is controlled by the Ministry of Municipal Affairs and Housing. Therefore, it is provincially regulated. The rates can be found here.

Landlords must beware that there are stipulations in place to prevent tenants from being taking advantage of. You cannot terminate a lease under bad faith. For example, you claim to have yourself or your family member move into the unit. However, in reality you’ve re-listed the property for a higher rent within 1 year of evicting the previous tenan

The tenant can file a complaint with the Landlord and Tenant Board. You could face fines up to $25,000.  To read further on this topic, click here.

Eviction notice (https://www.cleo.on.ca/en/publications/tenantsaccess/eviction)

Different minimal notice is required for different scenarios:

If the reason for

eviction is:

Your landlord must

give you this much

notice:

owing rent

14 days(but only

7 daysif you pay

your rent by the week

or by the day)

causing damage

by being careless,

or disturbing the

landlord or other

tenants

20 daysthe first time

(see the exception to

this rule onhere)


14 daysif it is the

second notice within

6 months

making or selling an

illegal drug

10 days

your landlord, your

landlord's family

member, or a

caregiver wants to

move in

60 days

your landlord wants

to tear down the

building or use it for

something else

120 days

Forms:

There are a variety of forms that are used to terminate a lease. It depends on the situation at hand. Here are the most commonly used notice of termination forms:

N4: Notice to End your Tenancy Early for Non-payment of Rent

N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding

N7: Notice to End your Tenancy for Causing Serious Problems in the Rental Unit or Residential Complex

N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit

N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use

These are all the other standard notice forms that can be used for termination a lease: http://www.sjto.gov.on.ca/ltb/forms/#landlord-forms

Reimbursement:

The landlord must give the tenant one month’s rent if they are ending the lease. This is regardless of whether it was ended in good faith or not. On the other hand, they can provide them with another acceptable form of housing to replace the one the tenants are being evicted from.

Tenant does not move out:

If the tenant does not move out, the landlord cannot arbitrarily change the locks. The landlord will have to submit an application to the Landlord and Tenant Board with the L2 Form. The application will cost $175 for e-filing or $190 if you submit in person or mail.

Author Jenny Bui. Browse Toronto rental listing at canarydistrictliving.ca.  Contact hello@canarydistrictliving.ca for your buying, selling and leasing needs.