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Tenant Protection Act index page for this old law


This law was repealed on January 31, 2007 and is no longer in use

Ontario Tenant Protection Act
PART III


SECURITY OF TENURE AND TERMINATION OF TENANCIES




Security of Tenure


Tenancy terminated

39. (1) A tenancy may be terminated only in accordance with this Act.


Same

(2) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy.


When agreement void

(3) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into,

    (a) at the time the tenancy agreement is entered into; or

    (b) as a condition of entering into the tenancy agreement.


When notice void

(4) A tenant's notice to terminate a tenancy is void if it is given,

    (a) at the time the tenancy agreement is entered into; or

    (b) as a condition of entering into the tenancy agreement. 1997, c. 24, s. 39.


Deemed renewal where no notice

40. (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.


Same

(2) If the period of a periodic tenancy ends a tndhe tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another week, month, year or other period, as the case may be with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 1997, c. 24, s. 40.


Restriction on recovery of possession

41. A landlord shall not recover possession of a rental unit subject to a tenancy unless,

    (a) the tenant has vacated or abandoned the unit; or

    (b) an order of the Tribunal evicting the tenant has authorized the possession. 1997, c. 24, s. 41.


Disposal of abandoned property, unit vacated

42. (1) A landlord may sell, retain for the landlord's own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with,

    (a) a notice of termination of the landlord or the tenant;

    (b) an agreement between the landlord and the tenant to termitena the tenancy;

    (c) subsection 68 (2); or

    (d) an order of the Tribunal terminating the tenancy or evicting the tenant.


Where eviction order enforced

(2) Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant's property before 48 hours have elapsed after the enforcement of the eviction order.


Same

(3) A landlord shall make an evicted tenant's property available to be retrieved at a location proximate to the rental unit for 48 hours after the enforcement of an eviction order.


Liability of landlord

(4) A landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant's property in accordance with this section.


Agreement

(5) A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant's property. 1997, c. 24, s. 42.


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Notice of Termination - General Provisions


Notice of termination

43. (1) Where this Act permits a landlord or tenant to terminate a tenancy by notice, the notice shall be in a form approved by the Tribunal and shall,

    (a) identify the rental unit for which the notice is given;

    (b) state the date on which the tenancy is to terminate; and

    (c) be signed by the person giving the notice, or the person's agent.


Same

(2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that,

    (a) if the tenant does not vacate the rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy and evicting the tenant; and

    (b) if the landlord applies for an order, the tenant is entitled to dispute the application. 1997, c. 24, s. 43.


Where notice void

44. (1) A notice of termination becomes void 30 days after the termination date specified in the notice unless,

    (a) the tenant vacates the rental unit before that time; or

    (b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time.


Exception

(2) Subsection (1) does not apply with respect to a notice based on a tenant's failure to pay rent. 1997, c. 24, s. 44.


Compensation, unit not vacated

45. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by a person who is,

    (a) an unauthorized occupant of the unit; or

    (b) a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement. 2001, c. 9, Sched. J, s. 4 (1).


Effect of payment

(2) Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy,

    (a) by giving the tenant a notice of rent increase; or

    (b) by accepting arrears of rent or compensation for the use or occupation of a rental unit after,

      (i) the landlord or the tenant gives a notice of termination of the tenancy,

      (ii) the landlord and the tenant enter into an agreement to terminate the tenancy, or

      (iii) the Tribunal makes an eviction order or an order terminating the tenancy. 2001, c. 9, Sched. J, s. 4 (1).


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Notice of Termination - End of Period or Term of Tenancy


Tenant's notice to terminate tenancy, end of period or term

46. A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with section 47. 1997, c. 24, s. 46.


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Period of notice


Period of notice, daily or weekly tenancy

47. (1) A notice under section 46, 60 or 96 to terminate a daily or weekly tenancy shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.


Period of notice, monthly tenancy

(2) A notice under section 46, 60 or 96 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.


Period of notice, yearly tenancy

(3) A notice under section 46, 60 or 96 to terminate a yearly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a yearly period on which the tenancy is based.


Period of notice, tenancy for fixed term

(4) A notice under section 46, 60 or 96 to terminate a tenancy for a fixed term shall be given at least 60 days before the expiration date specified in the tenancy agreement, to be effective on that expiration date.


Period of notice, February notices

(5) A tenant who gives notice under subsection (2), (3) or (4), which specifies that the termination is to be effective on the last day of February or the last day of March in any year, shall be deemed to have given at least 60 days notice of termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February or February 1 of that year in respect of a termination which is to be effective on the last day of March. 1997, c. 24, s. 47.


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Notice by Tenant for Termination Assignment of Tenancy Refused


Notice by tenant

48. (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 17 (4) apply.


Same

(2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days. 1997, c. 24, s. 48.


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Death of Tenant


Death of tenant

49. (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant.


Reasonable access

(2) The landlord shall, until the tenancy is terminated under subsection (1),

    (a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and

    (b) afford the executor or administrator of the tenant's estate, or if there is no executor or administrator, a member of the tenant's family reasonable access to the rental unit and the residential complex for the purpose of removing the tenant's property. 1997, c. 24, s. 49.


Landlord may dispose of property

50. (1) The landlord may sell, retain for the landlord's own use or otherwise dispose of property of a tenant who has died that is in a rental unit and in the residential complex in which the rental unit is located,

    (a) if the property is unsafe or unhygienic, immediately; and

    (b) otherwise, after the tenancy is terminated under section 49.


Same

(2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with subsection (1).


Same

(3) If, within six months after the tenant's death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant's family claims any property of the tenant that the landlord has sold, the landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of,

    (a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and

    (b) any arrears of rent.


Same

(4) If, within the six month period after the tenant's death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant's family claims any property of the tenant that the landlord has retained for the landlord's own use, the landlord shall return the property to the tenant's estate.


Agreement

(5) A landlord and the executor or administrator of a deceased tenant's estate may agree to terms other than those set out in this section with regard to the termination of the tenancy and disposal of the tenant's property. 1997, c. 24, s. 50.


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Notice by Landlord for Termination at End of Period or Term


Notice, landlord personally, etc., requires unit

51. (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord's spouse or same-sex partner or a child or parent of one of them. 1997, c. 24, s. 51 (1); 1999, c. 6, s. 62 (4).


Same

(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.


Earlier termination by tenant

(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.


Same

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 51 (2-4).


Where purchaser personally requires unit

52. (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by the purchaser, the purchaser's spouse or same-sex partner, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (9).


Same, condominium

(1.1) If a landlord who is an owner as defined in clause (a) or (b) of the definition of "owner" in subsection 1 (1) of the Condominium Act, 1998 owns a unit, as defined in subsection 1 (1) of that Act, that is a rental unit and has entered into an agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by the purchaser, the purchaser's spouse or same-sex partner, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (10).


Period of notice

(2) The date for termination specified in a notice given under subsection (1) or (1.1) shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 52 (2); 2000, c. 26, Sched. K, s. 6 (11).


Earlier termination by tenant

(3) A tenant who receives notice of termination under subsection (1) or (1.1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. 1997, c. 24, s. 52 (3); 2000, c. 26, Sched. K, s. 6 (12).


Same

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 52 (4).


Notice, demolition, conversion or repairs

53. (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to,

    (a) demolish it;

    (b) convert it to use for a purpose other than residential premises; or

    (c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit.


Same

(2) The date for termination specified in the notice shall be at least 120 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.


Same

(3) A notice under clause (1) (c) shall inform the tenant that if he or she wishes to exercise the right of first refusal under section 56 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact in accordance with subsection 56 (2) before vacating the rental unit.


Earlier termination by tenant

(4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.


Same

(5) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 53.


Conversion to condominium, security of tenure

54. (1) If a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 on or after June 17, 1998, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of a rental unit when it became subject to the registered declaration and description. 2000, c. 26, Sched. K, s. 6 (13).


Proposed units, security of tenure

(2) If a landlord has entered into an agreement of purchase and sale of a rental unit that is a proposed unit under the Condominium Act or the Condominium Act, 1998, a landlord may not give a notice under section 51 or 52 to the tenant of the rental unit who was the tenant on the date the agreement of purchase and sale was entered into. 2000, c. 26, Sched. K, s. 6 (13).


Non-application

(3) Subsections (1) and (2) do not apply with respect to a residential complex if no rental unit in the complex was rented before July 10, 1986 and all or part of the complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 before the later of,

    (a) the day that is two years after the day on which the first rental unit in the complex was first rented; and

    (b) June 17, 2000. 2000, c. 26, Sched. K, s. 6 (13).


Assignee of tenant not included

(4) Despite subsection 17 (8), a reference to a tenant in subsection (1), (2) or (5) does not include a person to whom the tenant subsequently assigns the rental unit. 2000, c. 26, Sched. K, s. 6 (13).


Conversion to condominium, right of first refusal

(5) If a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises and still occupied by a tenant who was a tenant on the date of the registration referred to in subsection (1) or an acceptable offer to purchase a rental unit intended to be converted to a condominium unit, the tenant has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the offer. 1997, c. 24, s. 54 (5).


Same

(6) The landlord shall give the tenant at least 72 hours notice of the offer to purchase the unit before accepting the offer. 1997, c. 24, s. 54 (6).


Exception

(7) Subsection (5) does not apply when,

    (a) the offer to purchase is an offer to purchase more than one unit; or

    (b) the unit has been previously purchased since that registration, but not together with any other units. 1997, c. 24, s. 54 (7).


Compensation, demolition or conversion

55. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if,

    (a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use;

    (b) the residential complex in which the rental unit is located contains at least five residential units; and

    (c) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 1997, c. 24, s. 55.


Tenant's right of first refusal, repair or renovation

56. (1) A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed.


Written notice

(2) A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit.


Rent to be charged

(3) A tenant who exercises a right of first refusal may re-occupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant's tenancy.


Change of address

(4) It is a condition of the tenant's right of first refusal that the tenant inform the landlord in writing of any change of address. 1997, c. 24, s. 56.


Tenant's right to compensation, repair or renovation

57. (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 53 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant if,

    (a) the tenant does not intend to return to the rental unit after the repairs or renovations are complete;

    (b) the residential complex in which the rental unit is located contains at least five residential units; and

    (c) the repair or renovation was not ordered to be carried out under the authority of this or any other Act.


Same

(2) If a tenant has given a landlord notice under subsection 56 (2) with respect to a rental unit in a residential complex containing at least five residential units, the tenant is entitled to compensation in an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation. 1997, c. 24, s. 57.


Tenant's right to compensation, severance

58. A landlord of a residential complex that is created as a result of a severance shall compensate a tenant of a rental unit in that complex in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if,

    (a) before the severance, the residential complex from which the new residential complex was created had at least five residential units;

    (b) the new residential complex has fewer than five residential units; and

    (c) the landlord gives the tenant a notice of termination under section 53 less than two years after the date of the severance. 1997, c. 24, s. 58.


Security of tenure, severance, subdivision

59. Where a rental unit becomes separately conveyable property due to a consent under section 53 of the Planning Act or a plan of subdivision under section 51 of that Act, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of the rental unit at the time of the consent or approval. 1997, c. 24, s. 59.


Notice end of term, additional grounds

60. (1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds:

    1. The tenant has persistently failed to pay rent on the date it becomes due and payable.

    2. The rental unit that is the subject of the tenancy agreement is a rental unit as described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has ceased to meet the qualifications required for occupancy of the rental unit.

    3. The tenant was an employee of an employer who provided the tenant with the rental unit during the tenant's employment and the employment has terminated.

    4. The tenancy arose by virtue of or collateral to an agreement of purchase and sale of a proposed unit within the meaning of the Condominium Act in good faith and the agreement of purchase and sale has been terminated. 1997, c. 24, s. 60 (1); 2000, c. 27, s. 179 (7).


Period of notice

(2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 47 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 60 (2).


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Notice by Landlord for Termination before End of Period or Term


Non-payment of rent

61. (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,

    (a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and

    (b) the 14th day after the notice is given, in all other cases. 1997, c. 24, s. 61 (1).


Contents of notice

(2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2000, c. 26, Sched. K, s. 6 (14).


Notice void if rent paid

(3) The notice of termination is void if, before the day the landlord applies to the Tribunal for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays,

    (a) the rent that is in arrears under the tenancy agreement; and

    (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given. 2000, c. 26, Sched. K, s. 6 (14).


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Termination for cause, illegal acts, misrepresentation


Termination for cause, illegal act

62. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex. 1997, c. 24, s. 62 (1).


Termination for cause, misrepresentation of income

(2) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her family occupying the rental unit. 1997, c. 24, s. 62 (2); 2000, c. 27, s. 179 (8).


Notice

(3) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than,

    (a) the 10th day after the notice is given, in the case of a notice under subsection (1) grounded on an illegal act, trade, business or occupation involving,

      (i) the production of an illegal drug,

      (ii) the trafficking in an illegal drug, or

      (iii) the possession of an illegal drug for the purposes of trafficking; or

    (b) the 20th day after the notice is given, in all other cases. 2000, c. 26, Sched. K, s. 6 (15).


Definition of "illegal drug"

(4) In this section,

"illegal drug" means a controlled substance or precursor as those terms are defined in the Controlled Drugs and Substances Act (Canada); ("drogue illicite")

"possession" has the same meaning as in the Controlled Drugs and Substances Act (Canada); ("possession")

"production" means, with respect to an illegal drug, to produce the drug within the meaning of the Controlled Drugs and Substances Act (Canada); ("production")

"trafficking" means, with respect to an illegal drug, to traffic in the drug within the meaning of the Controlled Drugs and Substances Act (Canada). ("trafic") 2000, c. 26, Sched. K, s. 6 (15).


Termination for cause, damage

63. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex.


Notice

(2) A notice of termination under this section shall,

    (a) provide a termination date not earlier than the 20th day after the notice is given;

    (b) set out the grounds for termination; and

    (c) require the tenant, within seven days, to pay to the landlord the reasonable costs of repair or to make the repairs.


Notice void if tenant complies

(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, makes the repair, pays the reasonable costs of repair or makes arrangements satisfactory to the landlord to pay the costs or to make the repairs. 1997, c. 24, s. 63.


Termination for cause, reasonable enjoyment

64. (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant.


Notice

(2) A notice of termination under subsection (1) shall,

    (a) provide a termination date not earlier than the 20th day after the notice is given;

    (b) set out the grounds for termination; and

    (c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice.


Notice void if tenant complies

(3) The notice of termination under subsection (1) is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. 1997, c. 24, s. 64.


Termination for cause, act impairs safety

65. (1) A landlord may give a tenant notice of termination of the tenancy if,

    (a) an act or omission of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of any person; and

    (b) the act or omission occurs in the residential complex.


Same

(2) A notice of termination under this section shall provide a termination date not earlier than the 10th day after the notice is given and set out the grounds for termination. 1997, c. 24, s. 65.


Termination for cause, too many persons

66. (1) A landlord may give a tenant notice of termination of the tenancy if the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law.


Notice

(2) A notice of termination under this section shall,

    (a) provide a termination date not earlier than the 20th day after the notice is given;

    (b) set out the details of the grounds for termination; and

    (c) require the tenant, within seven days, to reduce the number of persons occupying the rental unit to comply with health, safety or housing standards required by law.


Notice void if tenant complies

(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the rental unit. 1997, c. 24, s. 66.


Notice of termination, further contravention

67. (1) A landlord may give a tenant notice of termination of the tenancy if,

    (a) a notice of termination under section 63, 64 or 66 or under an equivalent provision of Part IV of the Landlord and Tenant Act has become void as a result of the tenant's compliance with the terms of the notice; and

    (b) within six months after the notice mentioned in clause (a) has become void, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 62, 63, 64 or 66, other than an activity, conduct or a situation that is described in subsection 62 (1) and that involves an illegal act, trade, business or occupation described in clause 62 (3) (a). 1997, c. 24, s. 67 (1); 2000, c. 26, Sched. K, s. 6 (16).


Same

(2) The notice under this section shall set out the date it is to be effective and that date shall not be earlier than the 14th day after the notice is given. 1997, c. 24, s. 67 (2).


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Superintendent's Premises


Superintendent's premises

68. (1) If a landlord has entered into a tenancy agreement with respect to a superintendent's premises, unless otherwise agreed, the tenancy terminates on the day on which the employment of the tenant is terminated.


Same

(2) A tenant shall vacate a superintendent's premises within one week after his or her tenancy is terminated.


No rent charged for week

(3) A landlord shall not charge a tenant rent or compensation or receive rent or compensation from a tenant with respect to the one week period mentioned in subsection (2). 1997, c. 24, s. 68.


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Application to Tribunal by Landlord - Landlord has given Notice of Termination


Application by landlord

69. (1) A landlord may apply to the Tribunal for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or under the former Part IV of the Landlord and Tenant Act.


Same

(2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice.


Exception

(3) Subsection (2) does not apply with respect to an application based on the tenant's failure to pay rent. 1997, c. 24, s. 69.


Landlord personally requires premises

70. (1) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 51 or 52 unless the person who personally requires the rental unit files with the Tribunal a declaration certifying that the person in good faith requires the rental unit for his or her own personal use. 1997, c. 24, s. 70 (1).


Same

(2) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 51 or 52 where the landlord's claim is based on a tenancy agreement or occupancy agreement that purports to entitle the landlord to reside in the rental unit unless,

    (a) the application is brought in respect of premises situate in a building containing not more than four residential units; or

    (b) the landlord, the landlord's spouse or same-sex partner or a child or parent of the landlord or his or her spouse or same-sex partner has previously been a genuine occupant of the premises. 1997, c. 24, s. 70 (2); 1999, c. 6, s. 62 (6).


Demolition, conversion, repairs

71. The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 53 unless it is satisfied that,

    (a) the landlord intends in good faith to carry out the activity on which the notice of termination was based; and

    (b) the landlord has obtained all necessary permits or other authority that may be required to do so. 1997, c. 24, s. 71.


Non-payment of rent

72. (1) A landlord may not apply to the Tribunal under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 before the day following the termination date specified in the notice. 2000, c. 26, Sched. K, s. 6 (17).


Discontinuance of application

(2) An application by a landlord under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 shall be discontinued if, before the Tribunal issues the eviction order, the Tribunal is satisfied that the tenant has paid to the landlord or to the Tribunal,

    (a) the rent that is in arrears under the tenancy agreement;

    (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; and

    (c) the landlord's application fee. 2000, c. 26, Sched. K, s. 6 (17).


Order of Tribunal

(3) An order of the Tribunal terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 61 shall,

    (a) specify the following amounts:

      (i) the amount of rent that is in arrears under the tenancy agreement,

      (ii) the daily amount of compensation that must be paid under section 45, and

      (iii) any costs ordered by the Tribunal; and

    (b) inform the tenant and the landlord that the order will become void if, before the order becomes enforceable, the tenant pays to the landlord or to the Tribunal the amount required under subsection (4) and specify that amount. 2000, c. 26, Sched. K, s. 6 (17).


Order void

(4) An eviction order referred to in subsection (3) is void if the tenant pays to the landlord or to the Tribunal, before the order becomes enforceable,

    (a) the rent that is in arrears under the tenancy agreement;

    (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given;

    (c) the amount of NSF cheque charges charged by financial institutions to the landlord in respect of cheques tendered to the landlord by or on behalf of the tenant, as allowed by the Tribunal in an application by the landlord under section 86;

    (d) the amount of administration charges payable by the tenant for the NSF cheques, as allowed by the Tribunal in an application by the landlord under section 86; and

    (e) the costs ordered by the Tribunal. 2001, c. 9, Sched. J, s. 4 (2).


Notice of void order

(5) If before the eviction order becomes enforceable the tenant pays the amount specified in the order under clause (3) (b) to the Tribunal, an employee of the Tribunal shall issue a notice to the tenant and the landlord acknowledging that the eviction order is void under subsection (4). 2000, c. 26, Sched. K, s. 6 (17).


Determination that full amount has been paid

(6) If before the eviction order becomes enforceable the tenant pays the amount due under subsection (4) either in whole to the landlord or in part to the landlord and in part to the Tribunal, the tenant may make a motion to the Tribunal, without notice to the landlord, for an order determining that the tenant has paid the full amount due under subsection (4) and confirming that the eviction order is void under subsection (4). 2000, c. 26, Sched. K, s. 6 (17).


Evidence

(7) A tenant who makes a motion under subsection (6) shall provide the Tribunal with an affidavit setting out the details of any payments made to the landlord and with any supporting documents the tenant may have. 2000, c. 26, Sched. K, s. 6 (17).


No hearing

(8) The Tribunal shall make an order under subsection (6) without holding a hearing. 2000, c. 26, Sched. K, s. 6 (17).


Motion by landlord

(9) Within 10 days after an order is issued under subsection (6), the landlord may, on notice to the tenant, make a motion to the Tribunal to have the order set aside. 2000, c. 26, Sched. K, s. 6 (17).


Order of Tribunal

(10) On a motion under subsection (9), the Tribunal shall hold a hearing and shall,

    (a) if satisfied that the tenant did not pay the full amount due under subsection (4) before the eviction order became enforceable, set aside the order made under subsection (6) and confirm that the eviction order is not void under subsection (4); or

    (b) if satisfied that the tenant paid the full amount due under subsection (4) before the eviction order became enforceable, refuse to set aside the order made under subsection (6). 2000, c. 26, Sched. K, s. 6 (17).


Illegal act or misrepresentation of income

73. The Tribunal may issue an order terminating a tenancy and evicting a tenant in an application referred to under section 69 based on a notice of termination under section 62 whether or not the tenant or other person has been convicted of an offence relating to an illegal act, trade, business or occupation. 1997, c. 24, s. 73.


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Correction; animals


Notice gives seven days to correct

74. (1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 63, 64 or 66 before the seven-day remedy period specified in the notice expires.


Application based on animals

(2) If an application based on a notice of termination under section 64 or 65 is grounded on the presence, control or behaviour of an animal in or about the residential complex, the Tribunal shall not make an order terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that,

    (a) subject to subsection (3), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants;

    (b) subject to subsection (4), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or

    (c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants.


Same

(3) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference.


Same

(4) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction. 1997, c. 24, s. 74.


Immediate application

75. Unless specifically provided otherwise in this Act or the former Part IV of the Landlord and Tenant Act, a landlord who has served a notice of termination may apply immediately to the Tribunal under section 69 for an order terminating the tenancy and evicting the tenant. 1997, c. 24, s. 75.


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Application to Tribunal by Landlord - Landlord has not given Notice of Termination


Agreement to terminate, tenant's notice

76. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy and evicting the tenant if,

    (a) the landlord and tenant have entered into an agreement to terminate the tenancy; or

    (b) the tenant has given the landlord notice of termination of the tenancy.


Same

(2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be.


Same

(3) An application under subsection (1) shall not be made later than 30 days after the termination date specified in the agreement or notice.


Order

(4) On receipt of the application, the Tribunal may make an order terminating the tenancy and evicting the tenant.


Same

(5) An order under subsection (4) shall be effective not earlier than,

    (a) the date specified in the agreement, in the case of an application under clause (1) (a); or

    (b) the termination date set out in the notice, in the case of an application under clause (1) (b).


Set aside order

(6) The respondent may make a motion to the Tribunal, on notice to the applicant, to have the order set aside within 10 days after the order is issued.


Same

(7) An order under subsection (4) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of the court during the stay.


Same

(8) If the Tribunal sets the order aside, the Tribunal shall hear the merits of the application. 1997, c. 24, s. 76.


Application based on previous order, mediated settlement

77. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy or evicting the tenant if,

    (a) the landlord previously applied to the Tribunal for an order terminating the tenancy or evicting the tenant;

    (b) an order or a settlement mediated under section 181 with respect to the previous application imposed conditions on the tenant;

    (c) among the conditions imposed by the order or settlement were conditions that, if not met by the tenant, would give rise to the same grounds for terminating the tenancy as were claimed in the previous application;

    (d) the order or settlement provided that the landlord could apply under this section if the tenant did not meet the conditions described in clause (c); and

    (e) the tenant has not met the conditions described in clause (c). 1997, c. 24, s. 77 (1); 2000, c. 26, Sched. K, s. 6 (18).


Arrears of rent

(1.1) In an application under subsection (1), the landlord may also request that the Tribunal order the payment of arrears of rent and the amount of any compensation payable under section 45, if the following conditions are satisfied:

    1. The landlord previously applied for an order for the payment of arrears of rent.

    2. The previous application was made at the same time as the application described in clause (1) (a).

    3. The order or the settlement mediated under section 181 on the previous application requires the tenant to pay rent or some or all of the arrears of rent. 2001, c. 9, Sched. J, s. 4 (3).


Same

(2) The landlord shall include with the application a copy of the order or settlement and an affidavit setting out what conditions of the order or settlement have not been met and how they have not been met. 1997, c. 24, s. 77 (2).


Affidavit

(2.1) If the landlord requests an order under subsection (1.1), the affidavit included with the application under subsection (1) must also provide the following information:

    1. The amount of rent payable to the landlord under the order or the terms of the settlement that is in arrears.

    2. The amount and date of each payment made under the order or the terms of the settlement and what the payment was for.

    3. The amount of any additional arrears of rent arising after the date of the order or the settlement.

    4. The amount of NSF cheque charges, if any, claimed by the landlord that were charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant, to the extent the landlord has not been reimbursed for the charges.

    5. The amount of any rent deposit, the date it was given and the last period for which interest was paid on the rent deposit. 2001, c. 9, Sched. J, s. 4 (3).


Same

(3) An application under this section shall not be made later than 30 days after a failure of the tenant to meet a condition specified in the order or settlement. 1997, c. 24, s. 77 (3).


Order terminating tenancy

(4) If the Tribunal finds that the landlord is entitled to an order under subsection (1), the Tribunal may make an order terminating the tenancy and evicting the tenant. 2001, c. 9, Sched. J, s. 4 (4).


Order for arrears

(4.1) In an order made under subsection (4), the Tribunal may order the payment of the following amounts if the Tribunal finds that the landlord is entitled to an order under subsection (1.1):

    1. The amount of arrears of rent that arose after the date of the order or settlement referred to in clause (1) (b).

    2. If no order was made on the previous application referred to in clause (1) (a), the amount of arrears of rent payable under the terms of the settlement mediated under section 181 that has not been paid.

    3. The amount of any compensation payable under section 45.

    4. Such amount as the Tribunal may allow in respect of NSF cheque charges claimed by the landlord that were charged by financial institutions in respect of cheques tendered by or on behalf of the tenant and for which the landlord has not been reimbursed.

    5. Such amount as the Tribunal may allow in respect of NSF administration charges claimed by the landlord in respect of NSF cheques tendered by or on behalf of the tenant, not exceeding the amount per cheque that is prescribed as a specified amount exempt from the operation of section 140. 2001, c. 9, Sched. J, s. 4 (4).


Credit for rent deposit

(4.2) In determining the amount payable by the tenant to the landlord, the Tribunal shall ensure that the tenant is credited with the amount of any rent deposit and interest on the deposit that would be owing to the tenant on the termination of the tenancy. 2001, c. 9, Sched. J, s. 4 (4).


Motion to set aside order

(4.3) Subsections 76 (6) and (7) apply with necessary modifications to an order made under this section. 2001, c. 9, Sched. J, s. 4 (4).


Same

(5) If the Tribunal sets the order aside, the Tribunal shall consider whether a failure to meet the conditions occurred. 1997, c. 24, s. 77 (5).


Abandonment of rental unit

78. If a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy. 1997, c. 24, s. 78.


Landlord may dispose of property, abandoned unit

79. (1) A landlord may dispose of property in a rental unit that a tenant has abandoned and property of persons occupying the rental unit that is in the residential complex in which the rental unit is located in accordance with subsections (2) and (3) if,

    (a) the landlord obtains an order terminating the tenancy under section 78; or

    (b) the landlord gives notice to the tenant of the rental unit and to the Tribunal of the landlord's intention to dispose of the property.


Same

(2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately.


Same

(3) The landlord may sell, retain for the landlord's own use or otherwise dispose of any other items if 30 days have passed after obtaining the order referred to in clause (1) (a) or giving the notice referred to in clause (1) (b) to the tenant and the Tribunal.


Tenant's claim to property

(4) If, before the 30 days have passed, the tenant notifies the landlord that he or she intends to remove property referred to in subsection (3), the tenant may remove the property within that 30 day period.


Same

(5) If the tenant notifies the landlord in accordance with subsection (4) that he or she intends to remove the property, the landlord shall make the property available to the tenant at a reasonable time and within a reasonable proximity to the rental unit.


Same

(6) The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out of pocket expenses incurred by the landlord in moving, storing or securing the tenant's property before allowing the tenant to remove the property.


Same

(7) If, within six months after the date the notice referred to in clause (1) (b) is given to the tenant and the Tribunal or the order terminating the tenancy is issued, the tenant claims any of his or her property that the landlord has sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of,

    (a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and

    (b) any arrears of rent.


No liability

(8) Subject to subsections (5) and (7), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section. 1997, c. 24, s. 79.


Superintendent's premises

80. The landlord may apply to the Tribunal for an order terminating the tenancy of a tenant of superintendent's premises and evicting the tenant if the tenant does not vacate the rental unit within one week of the termination of his or her employment. 1997, c. 24, s. 80.


Unauthorized occupancy

81. (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 17 or a subletting authorized under section 18, the landlord may apply to the Tribunal for an order evicting the person to whom occupancy of the rental unit was transferred.


Time limitation

(2) An application under this section must be made no later than 60 days after the landlord discovers the unauthorized occupancy. 1997, c. 24, s. 81.


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Landlord or Tenant Application Overholding Subtenant


Overholding subtenant

82. (1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Tribunal for an order evicting the subtenant.


Time limitation

(2) An application under this section must be made within 60 days after the end of the subtenancy. 1997, c. 24, s. 82.


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Eviction Orders


Effective date of order

83. (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Tribunal for an order evicting the tenant, the order of the Tribunal evicting the tenant may not be effective earlier than the date of termination set out in the notice. 1997, c. 24, s. 83 (1).


Same, default order

(2) If the order of the Tribunal evicting the tenant is a default order, it shall take effect on the later of,

    (a) the 11th day after the day the order is issued; and

    (b) the date of termination set out in the notice of termination. 2000, c. 26, Sched. K, s. 6 (19).


Expiry date of order

83.1 An order of the Tribunal evicting a person from a rental unit expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located. 2000, c. 26, Sched. K, s. 6 (20).


Power of Tribunal, eviction

84. (1) Upon an application for an order evicting a tenant or subtenant, the Tribunal may, despite any other provision of this Act or the tenancy agreement,

    (a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

    (b) order that the enforcement of the order of eviction be postponed for a period of time.


Same

(2) Without restricting the generality of subsection (1), the Tribunal shall refuse to grant the application where satisfied that,

    (a) the landlord is in serious breach of the landlord's responsibilities under this Act or of any material covenant in the tenancy agreement;

    (b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord's violation of a law dealing with health, safety, housing or maintenance standards;

    (c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;

    (d) the reason for the application being brought is that the tenant is a member of a tenants' association or is attempting to organize such an association; or

    (e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.


No eviction before compensation, demolition or conversion

(3) The Tribunal shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 55, 57 or 58, as the case may be.


No eviction before compensation, repair or renovation

(4) If a tenant has given a landlord notice under subsection 56 (2), the Tribunal shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in an amount equal to the rent for the amount of time the landlord estimates is required to complete the repair or renovation. 1997, c. 24, s. 84.


Effect of eviction order

85. An order evicting a person shall have the same effect, and shall be enforced in the same manner, as a writ of possession. 1997, c. 24, s. 85.


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Other Landlord Applications

Compensation

Arrears of rent

86. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if,

    (a) the tenant has not paid rent lawfully required under the tenancy agreement; and

    (b) the tenant is in possession of the rental unit. 1997, c. 24, s. 86 (1).


Compensation, overholding tenant

(2) If a tenant is in possession of a rental unit after the tenancy has been terminated, the landlord may apply to the Tribunal for an order for the payment of compensation for the use and occupation of a rental unit after a notice of termination or an agreement to terminate the tenancy has taken effect. 1997, c. 24, s. 86 (2).


Compensation, unauthorized occupant

(2.1) A landlord who makes an application under section 81 may also apply to the Tribunal for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made. 2001, c. 9, Sched. J, s. 4 (5).


Same

(3) In determining the amount of arrears of rent, compensation or both owing in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Tribunal shall subtract from the amount owing the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. 1997, c. 24, s. 86 (3).


NSF cheque charges

(4) On an application by a landlord under this section, the Tribunal may include the following amounts in determining the total amount owing to a landlord by a tenant or by an unauthorized occupant in respect of a rental unit:

    1. The amount of NSF cheque charges claimed by the landlord and charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant or occupant, to the extent the landlord has not been reimbursed for the charges.

    2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the landlord, that do not exceed the amount per cheque that is prescribed as a specified payment exempt from the operation of section 140. 2001, c. 9, Sched. J, s. 4 (5).


Compensation for damage

87. A landlord may apply to the Tribunal for an order for compensation if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex and the tenant is in possession of the rental unit. 1997, c. 24, s. 87.


Compensation, misrepresentation of income

88. If a landlord has a right to give a notice of termination under subsection 62 (2), the landlord may apply to the Tribunal for an order for the payment of money the tenant would have been required to pay if the tenant had not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the tenant is in possession of the rental unit. 1997, c. 24, s. 88.


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Other Tenant Notices and Applications


Compensation, overholding subtenant

89. A tenant may apply to the Tribunal for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the time of the application. 1997, c. 24, s. 89.


Tenant's notice, application re subtenant

90. Sections 61 to 67, 69, 86, 87 and 99 apply with necessary modifications with respect to a tenant who has sublet a rental unit as if the tenant were the landlord and the subtenant were the tenant. 1997, c. 24, s. 90.


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