Area of Law: Landlord and Tenant
Answer # 426
Leases and month-to-month tenanciesRegion: Ontario Answer # 426
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 Residential Tenancies 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 leases and tenancies in Ontario, visit the Landlord and Tenant Board.
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For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts:
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