jswizzle3737/ontario_laws_and_regs huggingface dataset:
52 (1) 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.  2006, c. 17, s. 52. Same, fewer than five residential units (2) A landlord shall compensate a tenant in an amount equal to one month’s 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 notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent; (c) the residential complex in which the rental unit is located contains fewer than five residential units; and (d) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 2020, c. 16, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 6 - 21/07/2020
53 (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.  2006, c. 17, s. 53 (1). 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.  2006, c. 17, s. 53 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsections: (See: 2023, c. 10, Sched. 7, s. 3) Requirements for landlord to notify (2.1) In the case of notice given by a tenant on or after the day section 3 of Schedule 7 to the Helping Homebuyers, Protecting Tenants Act, 2023 comes into force, the following requirements apply: 1. The landlord shall, without delay after receiving the tenant’s notice, notify the tenant in writing of the estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations. 2. The landlord shall, without delay after becoming aware of any change in a previously-estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations, notify the tenant in writing of the new estimated date. 3. The landlord shall, without delay after the rental unit is ready for occupancy, notify the tenant in writing. 2023, c. 10, Sched. 7, s. 3. Time for tenant to reoccupy rental unit (2.2) If a rental unit in respect of which the tenant has a right of first refusal becomes ready for occupancy on or after the day section 3 of Schedule 7 to the Helping Homebuyers, Protecting Tenants Act, 2023 comes into force, the landlord shall give the tenant at least 60 days after the day the rental unit is ready for occupancy to exercise the right of first refusal to occupy the unit. 2023, c. 10, Sched. 7, s. 3. Rent to be charged (3) A tenant who exercises a right of first refusal may reoccupy 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.  2006, c. 17, s. 53 (3). 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.  2006, c. 17, s. 53 (4). Section Amendments with date in force (d/m/y) 2023, c. 10, Sched. 7, s. 3 - not in force
54 (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 50 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 give the landlord notice under subsection 53 (2) with respect to the rental unit; (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.  2006, c. 17, s. 54 (1). Same (2) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 50 for the purpose of repairs or renovations in an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation if, (a) the tenant gives the landlord notice under subsection 53 (2) with respect to the rental unit; (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.  2006, c. 17, s. 54 (2). Same, fewer than five residential units (3) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 50 for the purpose of repairs or renovations in an amount equal to one month’s rent or shall offer the tenant another rental unit acceptable to the tenant if, (a) the tenant does not give the landlord notice under subsection 53 (2) with respect to the rental unit; (b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent and section 55 does not apply; (c) the residential complex in which the rental unit is located contains fewer than five residential units; and (d) the repair or renovation was not ordered to be carried out under the authority of this or any other Act. 2020, c. 16, Sched. 4, s. 7. Same (4) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 50 for the purpose of repairs or renovations in an amount equal to the rent for the lesser of one month and the period the unit is under repair or renovation if, (a) the tenant gives the landlord notice under subsection 53 (2) with respect to the rental unit; (b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent and section 55 does not apply; (c) the residential complex in which the rental unit is located contains fewer than five residential units; and (d) the repair or renovation was not ordered to be carried out under the authority of this or any other Act. 2020, c. 16, Sched. 4, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 7 - 21/07/2020
55 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 50 less than two years after the date of the severance.  2006, c. 17, s. 55.
55.1 If the landlord is required to compensate a tenant under section 48.1, 49.1, 52, 54 or 55, the landlord shall compensate the tenant no later than on the termination date specified in the notice of termination of the tenancy given by the landlord under section 48, 49 or 50. 2017, c. 13, s. 9; 2020, c. 16, Sched. 4, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 13, s. 9
- 01/09/2017 2020, c. 16, Sched. 4, s. 8 - 21/07/2020
56 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 48 or 49 to a person who was a tenant of the rental unit at the time of the consent or approval.  2006, c. 17, s. 56.
58 (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 described in paragraph 1, 2, 3 or 4 of subsection 7 (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, 1998 in good faith and the agreement of purchase and sale has been terminated.  2006, c. 17, s. 58 (1). 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 44 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.  2006, c. 17, s. 58 (2). Rent-geared-to-income assistance (3) For greater certainty, paragraph 2 of subsection (1) does not authorize a landlord to give a tenant notice of termination of the tenancy on the ground that the tenant has ceased to be eligible for, or has failed to take any step necessary to maintain eligibility for, rent-geared-to-income assistance as defined in section 38 of the Housing Services Act, 2011. 2016, c. 25, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 25, Sched. 5, s. 1 - 08/12/2016 Notice by Landlord Before End of Period or Term
59 (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.  2006, c. 17, s. 59 (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.  2006, c. 17, s. 59 (2). Notice void if rent paid (3) The notice of termination is void if, before the day the landlord applies to the Board 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.  2006, c. 17, s. 59 (3).
60 (1) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 2, 3 or 4 of subsection 7 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her household.  2006, c. 17, s. 60 (1); 2013, c. 3, s. 26. Notice (2) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than the 20th day after the notice is given.  2006, c. 17, s. 60 (2). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 26 - 01/06/2014
61 (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or another occupant of the rental unit 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.  2006, c. 17, s. 61 (1). Notice (2) 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 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.  2006, c. 17, s. 61 (2). Definitions (3) 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”)  2006, c. 17, s. 61 (3).
62 (1) A landlord may give a tenant notice of termination of the tenancy if the tenant, another occupant of the rental unit 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.  2006, c. 17, s. 62 (1). 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, (i) to repair the damaged property or pay to the landlord the reasonable costs of repairing the damaged property, or (ii) to replace the damaged property or pay to the landlord the reasonable costs of replacing the damaged property, if it is not reasonable to repair the damaged property.  2006, c. 17, s. 62 (2). 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, complies with the requirement referred to in clause (2) (c) or makes arrangements satisfactory to the landlord to comply with that requirement.  2006, c. 17, s. 62 (3).
63 (1) Despite section 62, a landlord may give a tenant notice of termination of the tenancy that provides a termination date not earlier than the 10th day after the notice is given if the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex, (a) wilfully causes undue damage to the rental unit or the residential complex; or (b) uses the rental unit or the residential complex in a manner that is inconsistent with use as residential premises and that causes or can reasonably be expected to cause damage that is significantly greater than the damage that is required in order to give a notice of termination under clause (a) or subsection 62 (1).  2006, c. 17, s. 63 (1). Notice (2) A notice of termination under this section shall set out the grounds for termination.  2006, c. 17, s. 63 (2). Non-application of s. 62 (2) and (3) (3) Subsections 62 (2) and (3) do not apply to a notice given under this section.  2006, c. 17, s. 63 (3).
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.  2006, c. 17, s. 64 (1). 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.  2006, c. 17, s. 64 (2). 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.  2006, c. 17, s. 64 (3).
65 (1) Despite section 64, a landlord who resides in a building containing not more than three residential units may give a tenant of a rental unit in the building notice of termination of the tenancy that provides a termination date not earlier than the 10th day after the notice is given if the conduct of the tenant, another occupant of the rental unit or a person permitted in the building by the tenant is such that it substantially interferes with the reasonable enjoyment of the building for all usual purposes by the landlord or substantially interferes with another lawful right, privilege or interest of the landlord.  2006, c. 17, s. 65 (1). Notice (2) A notice of termination under this section shall set out the grounds for termination.  2006, c. 17, s. 65 (2). Non-application of s. 64 (2) and (3) (3) Subsections 64 (2) and (3) do not apply to a notice given under this section.  2006, c. 17, s. 65 (3).
66 (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.  2006, c. 17, s. 66 (1). 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 shall set out the grounds for termination.  2006, c. 17, s. 66 (2).
67 (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.  2006, c. 17, s. 67 (1). 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.  2006, c. 17, s. 67 (2). 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.  2006, c. 17, s. 67 (3).
68 (1) A landlord may give a tenant notice of termination of the tenancy if, (a) a notice of termination was given to the tenant under section 62, 64 or 67; and (b) more than seven days but less than six months after the notice mentioned in clause (a) was given to the tenant, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 60, 61, 62, 64 or 67, other than an activity, conduct or a situation that is described in subsection 61 (1) and that involves an illegal act, trade, business or occupation described in clause 61 (2) (a).  2006, c. 17, s. 68 (1); 2017, c. 13, s. 12. 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.  2006, c. 17, s. 68 (2). Section Amendments with date in force (d/m/y) 2017, c. 13, s. 12 (1, 2) - 01/01/2018 Application by Landlord – After Notice of Termination
69 (1) A landlord may apply to the Board for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or the Tenant Protection Act, 1997.  2006, c. 17, s. 69 (1). Same (2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice.  2006, c. 17, s. 69 (2). Exception (3) Subsection (2) does not apply with respect to an application based on the tenant’s failure to pay rent.  2006, c. 17, s. 69 (3).
70 A landlord may not apply to the Board for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 62, 64 or 67 before the seven-day remedy period specified in the notice expires.  2006, c. 17, s. 70.
71 Subject to section 70 and subsection 74 (1), a landlord who has served a notice of termination may apply immediately to the Board under section 69 for an order terminating the tenancy and evicting the tenant.  2006, c. 17, s. 71. Application based on certain notice
71.1 (1) A landlord who, on or after the day subsection 11 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force, files an application under section 69 based on a notice of termination given under section 48 or 49 shall file the affidavit required under subsection 72 (1) at the same time as the application is filed. 2020, c. 16, Sched. 4, s. 11 (1). Non-compliance with subs. (1) (2) The Board shall refuse to accept the application for filing if the landlord has not complied with subsection (1). 2020, c. 16, Sched. 4, s. 11 (1). Previous use of notices under s. 48, 49 or 50 (3) A landlord who, on or after the day subsection 11 (2) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, files an application under section 69 based on a notice of termination given under section 48, 49 or 50 shall, in the application, (a) indicate whether or not the landlord has, within two years prior to filing the application, given any other notice under section 48, 49 or 50 in respect of the same or a different rental unit; and (b) set out, with respect to each previous notice described in clause (a), (i) the date the notice was given, (ii) the address of the rental unit in respect of which the notice was given, (iii) the identity of the intended occupant in respect of whom the notice was given if the notice was given under section 48 or 49, and (iv) such other information as may be required by the Rules. 2020, c. 16, Sched. 4, s. 11 (2). Non-compliance with subs. (3) (4) The Board shall refuse to accept the application for filing if the landlord has not complied with subsection (3). 2020, c. 16, Sched. 4, s. 11 (2). Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 11 (1, 2) - 01/09/2021
73 (1) The Board 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 50 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, (i) obtained all necessary permits or other authority that may be required to carry out the activity on which the notice of termination was based, or (ii) has taken all reasonable steps to obtain all necessary permits or other authority that may be required to carry out the activity on which the notice of termination was based, if it is not possible to obtain the permits or other authority until the rental unit is vacant.  2006, c. 17, s. 73. Determination of good faith (2) In determining the good faith of the landlord in an application described in subsection (1), the Board may consider any evidence the Board considers relevant that relates to the landlord’s previous use of notices of termination under section 48, 49 or 50 in respect of the same or a different rental unit. 2020, c. 16, Sched. 4, s. 13. Application of subs. (2) (3) Subsection (2) applies with respect to any application described in subsection (1) that, (a) is made on or after the day section 13 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force; or (b) was made before that day and was not finally determined before that day. 2020, c. 16, Sched. 4, s. 13. Note: On a day to be named by proclamation of the Lieutenant Governor, section 73 of the Act is amended by adding the following subsection: (See: 2023, c. 10, Sched. 7, s. 7) Report re repairs, renovations (4) In determining an application with respect to a notice of termination given under clause 50 (1) (c), the Board shall consider but is not bound by a report referred to in clause 50 (3) (b) stating that the repairs or renovations are so extensive that they require vacant possession of the rental unit. 2023, c. 10, Sched. 7, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 13 - 01/09/2021 2023, c. 10, Sched. 7, s. 7 - not in force
73.1 (1) If the landlord compensated the tenant under section 48.1, 49.1, 52, 54 or 55, as the case may be, in connection with a notice of termination under section 48, 49 or 50 and the Board refuses to grant an application under section 69 for an order terminating the tenancy and evicting the tenant based on the notice, the Board may order that the tenant pay back the compensation to the landlord. 2017, c. 13, s. 14; 2020, c. 16, Sched. 4, s. 14. Transition (2) The Board may make an order under subsection (1) on an application described in that subsection even if the application was made before the day section 14 of the Rental Fairness Act, 2017 comes into force. 2017, c. 13, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 13, s. 14
- 01/09/2017 2020, c. 16, Sched. 4, s. 14 - 21/07/2020
75 The Board may issue an order terminating a tenancy and evicting a tenant in an application under section 69 based on a notice of termination under section 61 whether or not the tenant or other person has been convicted of an offence relating to an illegal act, trade, business or occupation.  2006, c. 17, s. 75; 2013, c. 3, s. 28. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 28 - 01/06/2014
76 (1) If an application based on a notice of termination under section 64, 65 or 66 is grounded on the presence, control or behaviour of an animal in or about the residential complex, the Board 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 (2), 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 (3), 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.  2006, c. 17, s. 76 (1). Same (2) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference.  2006, c. 17, s. 76 (2). Same (3) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction.  2006, c. 17, s. 76 (3). Application by Landlord – No Notice of Termination
77 (1) A landlord may, without notice to the tenant, apply to the Board 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.  2006, c. 17, s. 77 (1). Same (2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be.  2006, c. 17, s. 77 (2). 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.  2006, c. 17, s. 77 (3). Order (4) On receipt of the application, the Board may make an order terminating the tenancy and evicting the tenant.  2006, c. 17, s. 77 (4). 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).  2006, c. 17, s. 77 (5). Motion to set aside order (6) The respondent may make a motion to the Board, on notice to the applicant, to have the order under subsection (4) set aside within 10 days after the order is issued.  2006, c. 17, s. 77 (6). Motion stays order (7) An order under subsection (4) is stayed when a motion to have the order set aside is received by the Board and shall not be enforced under this Act or as an order of the Superior Court of Justice during the stay.  2006, c. 17, s. 77 (7). Order of Board (8) If the respondent makes a motion under subsection (6), the Board shall, after a hearing, (a) make an order setting aside the order under subsection (4), if, (i) the landlord and tenant did not enter into an agreement to terminate the tenancy, and (ii) the tenant did not give the landlord notice of termination of the tenancy; (b) make an order setting aside the order under subsection (4), if the Board is satisfied, having regard to all the circumstances, that it would not be unfair to do so; or (c) make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order.  2006, c. 17, s. 77 (8).
79 If a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Board for an order terminating the tenancy.  2006, c. 17, s. 79. Eviction Orders
80 (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Board for an order evicting the tenant, the order of the Board evicting the tenant may not be effective earlier than the date of termination set out in the notice.  2006, c. 17, s. 80 (1). Exception, notice under s. 63 or 66 (2) Despite subsection (1), an order evicting a tenant may provide that it is effective on a date specified in the order that is earlier than the date of termination set out in the notice of termination if, (a) the order is made on an application under section 69 based on a notice of termination under clause 63 (1) (a) and the Board determines that the damage caused was significantly greater than the damage that was required by that clause in order to give the notice of termination; or (b) the order is made on an application under section 69 based on a notice of termination under clause 63 (1) (b) or subsection 66 (1).  2006, c. 17, s. 80 (2).
81 An order of the Board 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.  2006, c. 17, s. 81.
82 (1) At a hearing of an application by a landlord under section 69 for an order terminating a tenancy and evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant, (a) complies with the requirements set out in subsection (2); or (b) provides an explanation satisfactory to the Board explaining why the tenant could not comply with the requirements set out in subsection (2). 2020, c. 16, Sched. 4, s. 16. Requirements to be met by tenant (2) The requirements referred to in subsection (1) are the following: 1. The tenant shall give advance notice to the landlord of the tenant’s intent to raise the issue at the hearing. 2. The notice shall be given within the time set out in the Rules. 3. The notice shall be given in writing and shall comply with the Rules. 2020, c. 16, Sched. 4, s. 16. Orders (3) If a tenant raises an issue under subsection (1), the Board may make any order in respect of the issue that it could have made had the tenant made an application under this Act. 2020, c. 16, Sched. 4, s. 16. Transition (4) This section, as it reads on the day section 16 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, applies to any hearing held after that day that relates to an application that was filed before that day. 2020, c. 16, Sched. 4, s. 16. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 16 - 21/07/2020
84 Subject to clause 83 (1) (b), the Board shall, in an order made under section 69 based on a notice given under subsection 61 (1) that involves an illegal act, trade, business or occupation described in clause 61 (2) (a) or based on a notice given under section 63, 65 or 66, request that the sheriff expedite the enforcement of the order.  2006, c. 17, s. 84.
85 An order evicting a person shall have the same effect, and shall be enforced in the same manner, as a writ of possession.  2006, c. 17, s. 85. Compensation for Landlord
86 A landlord is entitled to compensation for the use and occupation of a rental unit by a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement.  2006, c. 17, s. 86. Applications
88 (1) If a tenant abandons or vacates a rental unit without giving notice of termination in accordance with this Act and no agreement to terminate has been made or the landlord has not given notice to terminate the tenancy, a determination of the amount of arrears of rent owing by the tenant shall be made in accordance with the following rules: 1. If the tenant vacated the rental unit after giving notice that was not in accordance with this Act, arrears of rent are owing for the period that ends on the earliest termination date that could have been specified in the notice, had the notice been given in accordance with section 47, 96 or 145, as the case may be. 2. If the tenant abandoned or vacated the rental unit without giving any notice, arrears of rent are owing for the period that ends on the earliest termination date that could have been specified in a notice of termination had the tenant, on the date that the landlord knew or ought to have known that the tenant had abandoned or vacated the rental unit, given notice of termination in accordance with section 47, 96 or 145, as the case may be.  2006, c. 17, s. 88 (1). Where landlord has given notice under s. 48, 49 or 50 (2) If a notice of termination has been given by the landlord under section 48, 49 or 50 and the tenant vacates
the rental unit before the termination date set out in the notice without giving a notice of earlier termination or after giving a notice of earlier termination that is not in accordance with subsection 48 (3), 49 (4) or 50 (4), as the case may be, a determination of the amount of arrears of rent owing by the tenant shall be made as if arrears of rent are owing for the period that ends on the earlier of the following dates: 1. The date that is 10 days after, i. the date the tenant gave notice of earlier termination, if the tenant vacated the rental unit after giving a notice of earlier termination that was not in accordance with subsection 48 (3), 49 (4) or 50 (4), as the case may be, or ii. the date the landlord knew or ought to have known that the tenant had vacated the rental unit, if the tenant
vacated the rental unit without giving a notice of earlier termination. 2. The termination date set out in the landlord’s notice of termination.  2006, c. 17, s. 88 (2). New tenancy (3) Despite subsections (1) and (2), if the landlord enters into a new tenancy agreement with a new tenant with respect to the rental unit, the tenant who abandoned or vacated the rental unit is not liable to pay an amount of arrears of rent that exceeds the lesser of the following amounts: 1. The amount of arrears of rent determined under subsection (1) or (2). 2. The amount of arrears of rent owing for the period that ends on the date the new tenant is entitled to occupy the rental unit.  2006, c. 17, s. 88 (3). Minimization of losses (4) In determining the amount of arrears of rent owing under subsections (1), (2) and (3), consideration shall be given to whether or not the landlord has taken reasonable steps to minimize losses in accordance with section 16.  2006, c. 17, s. 88 (4).
88.1 (1) A landlord may apply to the Board for an order requiring a tenant or former tenant to pay costs described in subsection (4) if, (a) while the tenant or former tenant is or was in possession of the rental unit, the conduct of the tenant or former tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant or former tenant is or was such that it substantially interferes or interfered with, (i) the reasonable enjoyment of the residential complex for all usual purposes by the landlord, or (ii) another lawful right, privilege or interest of the landlord; and (b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day section 19 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force. 2020, c. 16, Sched. 4, s. 19. Application under subs. (1) (2) An application under subsection (1) may be made, (a) while the tenant is in possession of the rental unit; or (b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit. 2020, c. 16, Sched. 4, s. 19. Same (3) If the Board makes an order requiring payment under subsection (1) and for the termination of the tenancy, the Board shall set off against the amount required to be paid by the tenant the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. 2020, c. 16, Sched. 4, s. 19. Compensation for interference with reasonable enjoyment, etc. (4) The costs referred to in subsection (1) are reasonable out-of-pocket expenses that the landlord has incurred or will incur as a result of an interference described in clause (1) (a) and do not include costs that the landlord may recover in an application under section 88.2 or 89. 2020, c. 16, Sched. 4, s. 19. Application (5) This section applies with respect to, (a) an interference described in clause (1) (a), even if the interference occurred before the day section 19 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force; and (b) out-of-pocket expenses described in subsection (4), even if the expenses were incurred before that day. 2020, c. 16, Sched. 4, s. 19. Transition, court proceedings not affected (6) Despite subsection 168 (2), the enactment of this section by section 19 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 does not affect any court proceeding for an order for the payment of compensation for an interference described in clause (1) (a) that is commenced before the day that section comes into force and has not been finally determined before that day. 2020, c. 16, Sched. 4, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 19 - 01/09/2021
88.2 (1) A landlord may apply to the Board for an order requiring a tenant or former tenant to pay costs described in subsection (4) if, (a) while the tenant or former tenant is or was in possession of the rental unit, the tenant or former tenant failed to pay utility costs that they were required to pay under the terms of the tenancy agreement; and (b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day section 20 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force. 2020, c. 16, Sched. 4, s. 20. Application under subs. (1) (2) An application under subsection (1) may be made, (a) while the tenant is in possession of the rental unit; or (b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit. 2020, c. 16, Sched. 4, s. 20. Same (3) If the Board makes an order requiring payment under subsection (1) and for the termination of the tenancy, the Board shall set off against the amount required to be paid by the tenant the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. 2020, c. 16, Sched. 4, s. 20. Compensation for failure to pay utility costs (4) The costs referred to in subsection (1) are reasonable out-of-pocket expenses that the landlord has incurred or will incur as a result of a tenant’s or former tenant’s failure to pay utility costs that they were required to pay under the terms of the tenancy agreement. 2020, c. 16, Sched. 4, s. 20. Application (5) This section applies with respect to, (a) a failure described in clause (1) (a), even if the failure occurred before the day section 20 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force; and (b) out-of-pocket expenses described in subsection (4), even if the expenses were incurred before that day. 2020, c. 16, Sched. 4, s. 20. Transition, court proceedings not affected (6) Despite subsection 168 (2), the enactment of this section by section 20 of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 does not affect any court proceeding for an order for the payment of compensation for a tenant’s or former tenant’s failure to pay utility costs that is commenced before the day that section comes into force and has not been finally determined before that day. 2020, c. 16, Sched. 4, s. 20. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 20 - 01/09/2021
89 (1) A landlord may apply to the Board for an order requiring a tenant or former tenant to pay reasonable costs that the landlord has incurred or will incur for the repair of or, where repairing is not reasonable, the replacement of damaged property if, (a) while the tenant or former tenant is or was in possession of the rental unit, the tenant or former tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant or former tenant wilfully or negligently causes or caused undue damage to the rental unit or the residential complex; and (b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day subsection 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force. 2020, c. 16, Sched. 4, s. 21 (1). Application under subs. (1) (1.1) An application under subsection (1) may be made, (a) while the tenant is in possession of the rental unit; or (b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit. 2020, c. 16, Sched. 4, s. 21 (1). Same (2) If the Board makes an order requiring payment under subsection (1) and for the termination of the tenancy, the Board shall set off against the amount required to be paid by the tenant the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination.  2006, c. 17, s. 89 (2); 2020, c. 16, Sched. 4, s. 21 (2). Application (3) This section applies with respect to, (a) damage described in clause (1) (a), even if the damage occurred before the day subsection 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
comes into force; and (b) costs described in subsection (1), even if the costs were incurred before that day. 2020, c. 16, Sched. 4, s. 21 (3). Transition, court proceedings not affected (4) Despite subsection 168 (2), the re-enactment of subsection (1) by subsection 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020
does not affect any court proceeding for an order for the payment of compensation for damage to the rental unit or the residential complex that is commenced before the day that subsection comes into force and has not been finally determined before that day. 2020, c. 16, Sched. 4, s. 21 (3). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 29 - 01/06/2014 2020, c. 16, Sched. 4, s. 21 (1-3) - 01/09/2021
90 If a landlord has a right to give a notice of termination under section 60, the landlord may apply to the Board 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 household, so long as the application is made while the tenant is in possession of the rental unit.  2006, c. 17, s. 90; 2013, c. 3, s. 30. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 30 - 01/06/2014 Death of Tenant
91 (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.  2006, c. 17, s. 91 (1). 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.  2006, c. 17, s. 91 (2).
92 (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 91.  2006, c. 17, s. 92 (1). 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).  2006, c. 17, s. 92 (2). 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.  2006, c. 17, s. 92 (3). 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.  2006, c. 17, s. 92 (4). 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.  2006, c. 17, s. 92 (5). Superintendent’s Premises
93 (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.  2006, c. 17, s. 93 (1). Same (2) A tenant shall vacate a superintendent’s premises within one week after his or her tenancy is terminated.  2006, c. 17, s. 93 (2). 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).  2006, c. 17, s. 93 (3).
94 The landlord may apply to the Board 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.  2006, c. 17, s. 94. PART V.1   termination of occupancy — NON-PROFIT HOUSING CO-OPERATIVES Interpretation Interpretation