Law Talk: All about your Residential Lease
Most tenants in Ontario who rent houses
or apartments are in leases (“tenancy agreements”)
covered by the Residential
Tenancies Act (RTA).
A written tenancy is recommended, but is not the only way to make an agreement. Oral agreements and implied agreements are just as binding as a written contract, if you can prove them. For example, if you believe that your tenancy includes the use of a garage, and you use that garage without interruption from your landlord, you may be able to prove that the use of the garage was implied in your lease. This can become important if your landlord later says that the garage was not part of your lease.
Your landlord must give you their proper legal name and address so you can properly prepare and serve any legal documents. If your lease is in writing, you must also be given a copy of that written lease. If these are not delivered within 21 days of the start of the tenancy, your duties under the lease are suspended until it is delivered.
Ending And Breaking A Lease
A lease is usually formed with a time limit. Unless a landlord and tenant come to an agreement that a lease is ending, lease will continue after that time limit is over. Any day-to-day or week-to-week tenancies will continue on the same terms, and tenants must give at least 28 days' notice to terminate. Month-to-month or yearly tenancies will be renewed automatically on a month-to- month basis, and tenants must give at least 60 days' notice to terminate.
Before the time limit ends, a tenant is responsible for payment of rent for the full term unless the landlord and tenant agree to end the contract early. For the protection of the tenant, any agreement should be in writing. The tenant may offer to “buy out” the lease by agreeing to pay one or two months of rent after leaving, to lessen the risk for the landlord and give them time to find a new tenant. If a landlord does not agree, the tenant may choose to leave anyway and risk being sued. However, a landlord has a responsibility to fill the vacancy as soon as possible, and can be denied damages if they have not made a reasonable attempt to re-rent the unit.
A landlord cannot decide to end a tenancy on their own. The only way for the landlord to force you to move, without your consent, is if the Landlord and Tenant Board grants an eviction order.
Subletting And Assigning A Lease
A sublet happens when the original tenant arranges for someone else to move into the unit during the lease. This usually happens when the original tenant intends to return before the tenancy ends. The original tenant is responsible for the actions of the new tenant, and is therefore responsible if the new tenant causes damage or fails to pay rent.
An assignment happens when the original tenant arranges for someone else to take over all of the lease obligations. This is usually preferable, because the original tenant is no longer responsible for the actions of the new tenant. An assignment agreement should include an agreement to terminate the old tenancy, and an assignment agreement or a new lease with the new tenant.
A landlord is allowed to check out the potential new tenant and incur some costs, such as a credit check, which can be billed to the old tenant. However, the landlord cannot refuse to allow a sublet or an assignment without a good reason.
Other Ways Of Ending Tenancies
Abandoning a rental unit is not an attractive option. The tenant risks being sued, and could be held responsible for many months of rent if the landlord was unsure whether the tenant was going to return to re-occupy. The landlord is not able to “mitigate their loss” by re-renting during those months. The landlord may also gain the right to dispose of any property that the tenant left behind.
A tenant may apply to the Landlord and Tenant Board to have the lease terminated if the landlord has broken the agreement. This is not an easy order to obtain, and the Board will usually only grant this in extreme circumstances.
If a tenant dies, the tenancy is deemed to be terminated 30 days after death. However, an executor or administrator who needs more time to clean out the unit can agree to a different end date. The spouse of the deceased tenant can remain in the unit and become the tenant, unless they wish to vacate the unit during that 30-day time period.
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888-332-3234.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1- 800-268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
A written tenancy is recommended, but is not the only way to make an agreement. Oral agreements and implied agreements are just as binding as a written contract, if you can prove them. For example, if you believe that your tenancy includes the use of a garage, and you use that garage without interruption from your landlord, you may be able to prove that the use of the garage was implied in your lease. This can become important if your landlord later says that the garage was not part of your lease.
Your landlord must give you their proper legal name and address so you can properly prepare and serve any legal documents. If your lease is in writing, you must also be given a copy of that written lease. If these are not delivered within 21 days of the start of the tenancy, your duties under the lease are suspended until it is delivered.
Ending And Breaking A Lease
A lease is usually formed with a time limit. Unless a landlord and tenant come to an agreement that a lease is ending, lease will continue after that time limit is over. Any day-to-day or week-to-week tenancies will continue on the same terms, and tenants must give at least 28 days' notice to terminate. Month-to-month or yearly tenancies will be renewed automatically on a month-to- month basis, and tenants must give at least 60 days' notice to terminate.
Before the time limit ends, a tenant is responsible for payment of rent for the full term unless the landlord and tenant agree to end the contract early. For the protection of the tenant, any agreement should be in writing. The tenant may offer to “buy out” the lease by agreeing to pay one or two months of rent after leaving, to lessen the risk for the landlord and give them time to find a new tenant. If a landlord does not agree, the tenant may choose to leave anyway and risk being sued. However, a landlord has a responsibility to fill the vacancy as soon as possible, and can be denied damages if they have not made a reasonable attempt to re-rent the unit.
A landlord cannot decide to end a tenancy on their own. The only way for the landlord to force you to move, without your consent, is if the Landlord and Tenant Board grants an eviction order.
Subletting And Assigning A Lease
A sublet happens when the original tenant arranges for someone else to move into the unit during the lease. This usually happens when the original tenant intends to return before the tenancy ends. The original tenant is responsible for the actions of the new tenant, and is therefore responsible if the new tenant causes damage or fails to pay rent.
An assignment happens when the original tenant arranges for someone else to take over all of the lease obligations. This is usually preferable, because the original tenant is no longer responsible for the actions of the new tenant. An assignment agreement should include an agreement to terminate the old tenancy, and an assignment agreement or a new lease with the new tenant.
A landlord is allowed to check out the potential new tenant and incur some costs, such as a credit check, which can be billed to the old tenant. However, the landlord cannot refuse to allow a sublet or an assignment without a good reason.
Other Ways Of Ending Tenancies
Abandoning a rental unit is not an attractive option. The tenant risks being sued, and could be held responsible for many months of rent if the landlord was unsure whether the tenant was going to return to re-occupy. The landlord is not able to “mitigate their loss” by re-renting during those months. The landlord may also gain the right to dispose of any property that the tenant left behind.
A tenant may apply to the Landlord and Tenant Board to have the lease terminated if the landlord has broken the agreement. This is not an easy order to obtain, and the Board will usually only grant this in extreme circumstances.
If a tenant dies, the tenancy is deemed to be terminated 30 days after death. However, an executor or administrator who needs more time to clean out the unit can agree to a different end date. The spouse of the deceased tenant can remain in the unit and become the tenant, unless they wish to vacate the unit during that 30-day time period.
For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website at ltb.gov.on.ca or call them at 1-888-332-3234.
This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1- 800-268-8326.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
