Landlord and Tenant Notes Chapter 10.pdf

Landlord and Tenant Notes Chapter 10.pdf - Chapter 10...

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Chapter 10: Terminating the Tenancy Agreement: No-Fault Grounds Terminating the Tenancy Agreement •In Ontario, residential tenants have “security of tenure”: to evict a tenant, a landlord must have a reason specified in the Residential Tenancies Act, 2006 (RTA) (ss. 37(1), 38, and 39) •The form for a notice of termination at the end of a term of a ten ant is Form N8 •The RTA prevents landlords from terminating tenancies for improper reasons or if the termination would be unfair Grounds for Termination at End of Term •A landlord may terminate a tenancy for: •Personal or family use (s. 48(1)) •Demolit ion (s. 50(1)(a)) •Conversion to a non -residential use (s. 50(1)(b)) •Repairs and renovations (s. 50(1)(c)) •Persistent late payment (s. 58(1)1) •Employment that has been terminated (s. 58(1)3) •Ceasing to meet qualifications in public housing (s. 58 (1)2) •Collateral agreement to purchase a proposed condominium unit (s. 58(1)4) Personal or Family Use •Notice period is 60 days before the end of the term or a period of tenancy (s. 48(2)) •“family use” can refer to use by: •the owner or purchaser •the owner’s or purchaser’s spouse •a child of the owner or purchaser •a parent of the owner or purchaser •a caregiver to the owner or purchaser •Grandchildren, grandparents, nephews, nieces, cousins, or other relatives who are not listed do not fall within the section •The RTA requires the landlord’s or purchaser’s intention to occupy to be in good faith; that is, honest, true, and not for any improper motive New RFA provision: stops landlords from obtaining possession for personal or family use if the requirement is for less than one year;
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