Area of Law: Landlord and Tenant
Answer # 437
Tenants' rights and responsibilities when moving outRegion: Ontario Answer # 437
Most tenants are covered by the Residential Tenancies Act, which sets out the rights and obligations of residential landlords and tenants.
A tenant’s rights when moving out will depend on whether there is a lease and whether the tenant gave the landlord proper notice. The tenant will also be responsible for leaving the unit in a satisfactory condition, or the landlord may take legal action against the tenant. If you are having trouble with your tenant or your landlord and would like help, call a lawyer now.
Tenants’ notice requirements where there is no lease
If a tenant wants to move out they will normally be required to give notice to the landlord in writing. The length of notice required will depend on how often the tenant is required to pay rent. Generally, a tenant who pays rent every month is required to give 60 days’ notice before the last day of the tenancy. A tenant who pays rent on a daily or weekly basis is usually required to give 28 days’ notice before the last day of the tenancy. Under the law, the tenant is required to move out on a day before the rent is usually due, which is considered the last day of the tenancy. If the tenant gives notice to move out in the middle of a month, the tenant may be responsible for an extra month’s rent.
Tenants’ notice requirements where there is a lease
Normally, tenants do not have the right to move if their lease has not yet expired. However, if the tenant has a lease that is coming to an end, and the tenant wants to move out on the last day of the lease, the tenant must give written notice at least 60 days before the lease ends. If tenants want to stay beyond the term of the lease, they have the right to remain on a month-to-month tenancy and do not have to renew or sign a new lease.
If a tenant is bound by a lease and they want to move out before the end of the lease, they should obtain the landlord’s written consent to avoid being responsible for paying the remainder of the lease. Or, a tenant may arrange to sublet or assign the lease to someone else, provided that the landlord agrees.
Tenants also have the responsibility to leave the rental premises in the same condition as they found it, except for any reasonable wear and tear. If the tenant damages the premises, the landlord has the right to receive compensation for any required repairs or loss of rent due to the damage. If the tenant fails to pay, the landlord has the right to sue the tenant.
Visit the Landlord and Tenant Board for additional information.
Help for Tenants
A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.
If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-844-888-0442 .
If you are a Tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:
- Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
- Help establish a positive credit history with a new rent tradeline
- Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)
Help for Landlords & Property Managers
For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .
If you are a Landlord or Property Manager, you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:
- Attract financially responsible applicants interested in building credit with their rent
- Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
- Reduce Tenant turnover and improve monthly cash flow
Get legal help
If you are having trouble with your tenant or your landlord and would like help, call a lawyer now.
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