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If you want to move out, you must generally give notice to the landlord although there are exceptions. Landlords are also usually required to give you notice if they are evicting you. In certain cases, a landlord or tenant can give notice to leave immediately.
A tenant can end a tenancy in a number of ways. If they have a lease, they can choose to not renew it when it ends. If they rent by the month or the week, they can give notice that they are going to move out. In some cases, tenants can give immediate notice that they are moving out. As well, a landlord and tenant can agree at any time to end the tenancy. To avoid future disputes, this kind of agreement should be in writing.
A tenancy that is for a fixed period of time is called a fixed term tenancy or a lease. A lease that is not renewed ends on the date stated in the lease. Generally, tenants cannot decide to end a lease before that date without the landlords' consent.
At the end of the lease, neither the landlord nor the tenant is required to renew the lease. However, the landlord must give a notice to the tenant, in writing, setting out whether they are willing to renew the lease. They must provide this notice at least two months before the end of the lease. If they are willing to renew, the notice must set out the terms of the new agreement. This notice period gives the parties a chance to discuss future plans before the lease ends.
Tenants who receive notice that the landlord is willing to enter into a new lease have until one month before the end of the lease to accept the offer in writing. If the landlord has not received a tenant's acceptance by this time, the offer will be considered to be rejected by the tenant. A landlord may withdraw an offer of renewal at any time before it is accepted. The tenant would then be required to move out at the end of the lease.
Tenants who are affected by interpersonal violence or sexual violence may be able to end a lease early. They can do this if continuing the tenancy poses a safety risk to them or someone living with them. Victims must obtain a certificate from Victims Services which then allows them to end a fixed term tenancy by giving 28 days’ notice to the landlord. For more information, contact Victim Services toll free at 1-888-286-6664.
Regular notice can be given to the landlord in person, mailed to the contact address the landlord gave the tenant or sent electronically.
If a tenant rents by the week or the month, it is called a periodic tenancy. If the tenant in this case wants to move out, they can give notice to their landlord. If the tenant rents by the month, they must give one full month's written notice to the landlord. If the tenant rents by the week, they must give one full week's written notice.
The tenant must give notice no later than the day before the final rent is due. For example, if a tenant who rents by the month wants to move out on September 30, they must give notice no later than August 31. If the tenant does not give notice until September 1, they are legally required to pay October's rent.
The notice must be in writing and include the tenant's name, the address of the rental unit and the date the tenancy will end. If enough notice is not given, the notice will take effect once the required notice period has passed.
A tenant can give immediate notice to end either type of tenancy agreement if the landlord breaches a material part of the tenancy agreement. In this case, the notice will be effective the day after the landlord receives it. The notice should indicate what the breach is. For example, it could set out that the rental unit is in such bad repair that it is not livable.
Before giving this kind of notice, the tenant must give the landlord a reasonable period to fix the situation, if it can be fixed. The notice must be in writing and include the tenant's name, the address of the rental unit, the date the tenancy will end and the grounds for ending the tenancy.
If a tenant wants to move out and have someone else take over the tenancy, they need the written consent of the landlord. The landlord must not unreasonably withhold consent unless they are a public housing authority. A landlord can charge a fee of not more than $20 for considering, investigating or consenting to this change. The original tenant is still responsible to the landlord for the rental agreement. For example, they have to make sure the rent is paid on time.
If property is left behind by a tenant, there are steps a landlord must take depending on its value.
Property that is left behind by a tenant and valued at under $1,500 can simply be disposed of by a landlord if the landlord has made reasonable attempts to locate the tenant and the tenant either:
If a tenant leaves personal property valued at more than $1,500, the landlord must apply for an order from the Office of Residential Tenancies (ORT) to deal with it. If the tenant cannot be located or does not make reasonable arrangements to deal with the property, the ORT can give the landlord an order that allows them to sell the property. If the landlord can show that the tenant owed them money, they can ask for an order allowing them to keep some or all of the proceeds from the sale. For more detailed information, click here.
If you are facing eviction, this Resource for Tenants Facing Evictions has information about what to expect during an eviction. It also goes into what you can do throughout the eviction process to meet your household's needs.
In some situations, a landlord can require a tenant to move out. Sometimes, a tenant must be given a period of time to move out. In other cases, the landlord can insist that the tenant leave immediately.
In all cases, the landlord must serve notice on the tenant to end the tenancy. This notice can be given to the tenant in person or posted on the door of the rental unit and either mailed or sent by electronic means.
The notice must be in the approved form and:
A landlord can give notice to end a tenancy immediately if a tenant is 15 days or more late with the rent.
If the tenant is responsible for paying the utilities and they are late, the landlord can also end the tenancy with this notice. In this case, the landlord must first notify the tenant that the payments are late and give the tenant 15 days to pay them.
This notice can also be used to claim any unpaid rent or utility bills.
A landlord cannot end a tenancy for non-payment of rent in cases where suspension or deduction of rent apply.
There are several situations where a landlord can give a tenant one month's notice to move out. The notice must be in writing. It must also come into effect at least a month after it is given and on the day before rent is normally due. For example, if rent is due on the 1st of the month and the landlord wants the tenant to move out by April 30, the notice must be given by March 31. The following are cases where a landlord can give one month’s notice to the tenant.
In any of the above cases, except for when a no smoking notice has been given, the landlord must give the tenant a reasonable amount time to fix the situation if it can be fixed. This does not apply in the cases below.
With respect to rental units that are or are going to be part of a housing program, a landlord can give one month's notice if:
For any tenancy agreement that is not a lease, the landlord can give one month's notice if the rental unit is being sold and the purchaser or their close family or friend is going to move in.
A landlord can give one month's notice to move out if:
A landlord can end a tenancy with two months' notice in certain situations. It must be in writing. It must also come into effect at least two months after it is given and on the day before rent is normally due. For example, if rent is due on the 1st of the month and the landlord wants the tenant to move out by May 31, the notice must be given by March 31. A landlord cannot give this kind of notice if the tenant has a lease.
The landlord can give notice if they, a close family member or a friend are going to move into the rental unit. The landlord can also give two months' notice if they are going to:
Once the notice has been served by the landlord, the tenant can end the tenancy earlier by giving the landlord 10 days written notice. If a landlord does not move forward with their plans for the property within a reasonable time they can be held liable for damages. They can also be held liable if the rental unit is not used for the identified purpose for at least six months.
If a tenant receives a one or two month notice to vacate, they can dispute it by signing the dispute portion of the notice. They must then give it to the landlord within 15 days of having received the notice. If they do not dispute it in time, the tenant is considered to have accepted the notice.
Unless a tenant leaves voluntarily, an immediate notice to vacate will be heard by the ORT. The tenant can dispute the notice at that time.
An order of possession is an order from the ORT that allows the landlord to remove the tenant from the rental unit. A landlord can apply for an order of possession if a:
If a landlord has given the tenant a one-month notice to vacate for cause, the landlord can apply for an order of possession to end the tenancy before the notice period has passed. The landlord can do this if it would be:
Where a landlord makes an application for possession, a tenant can ask the ORT not to grant the order if the landlord:
If an order of possession is granted, it will take effect on the date set out in the order. That date can be before the tenancy would normally end.
A landlord can enforce an order for possession by taking a copy of the order and the original writ to the Sheriff's Office. The sheriff decides the most appropriate way to return control of the rental unit to the landlord. This might be posting a notice on the door or asking the tenant to leave and changing the locks. The tenant must then contact the landlord to arrange to get their belongings.
Landlords must be prepared to demonstrate proper service of a Notice to Vacate on the tenant or in the case of several tenants, each tenant. When applying to the ORT for possession of the property, the landlord will be required to provide a Certificate of Service confirming the method of service used and the date notice was served. Anyone can serve the notice on behalf of the landlord but the person who has served the notice must be the person completing and signing the Certificate of Service.
More information on proper service of documents can be obtained from the ORT.
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