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Ontario|Landlord & TenantResidential 426 Leases vs. month-to-month tenancies In Ontario, when a residential lease expires, and there is no new lease, the tenancy automatically becomes a month to month tenancy.
The main advantage for tenants with a month to month tenancy is that they have much more flexibility if they decide to move. A tenant under a month to month tenancy must give only 60 days notice before moving out. In comparison, tenants under leases would be responsible to pay for the full term of the lease even if they wanted to move out sooner.
It is important to note that the Ontario Tenant Protection Act affords many rights to tenants and leases generally do not give tenants any additional rights. The only risk for tenants without leases is that, in small buildings, or houses where the landlord is also the owner, there is a risk that the landlord can evict the tenant with only 60 days notice if the landlord claims that his or her family is going to move into the tenant's unit.
For more information about the rights and obligations of landlords and tenants, refer to other sections of Legal Line .
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