jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purposes of this Act are to provide protection for residential tenants from unlawful rent increases and unlawful evictions, to establish a framework for the regulation of residential rents, to balance the rights and responsibilities of residential landlords and tenants and to provide for the adjudication of disputes and for other processes to informally resolve disputes.  2006, c. 17, s. 1. Exception, Part V.1 (2) Subsection (1) does not apply to Part V.1.  The purpose of Part V.1 is to provide protection to members of non-profit housing co-operatives from unlawful evictions under this Act and to allow non-profit housing co-operatives and their members access to the framework established under this Act for the adjudication of disputes related to the termination of occupancy in a member unit of a non-profit housing co-operative.  2013, c. 3, s. 20. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 20
- 01/06/2014
3 (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary.  2013, c. 3, s. 22 (1). Conflicts, non-profit housing co-operatives (1.1) In interpreting a provision of this Act with respect to a member unit of a non-profit housing co-operative, if a provision in Part V.1 conflicts with a provision in another Part of this Act, the provision in Part V.1 applies.  2013, c. 3, s. 22 (2). Conflicts, care homes (2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IX conflicts with a provision in another Part of this Act, the provision in Part IX applies.  2006, c. 17, s. 3 (2). Conflicts, mobile home parks and land lease communities (3) In interpreting a provision of this Act with regard to a mobile home park or a land lease community, if a provision in Part X conflicts with a provision in another Part of this Act, the provision in Part X applies.  2006, c. 17, s. 3 (3). Conflict with other Acts (4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies.  2006, c. 17, s. 3 (4). Section Amendments with date in force (d/m/y) 2013, c. 3, s. 22 - 01/06/2014
4 (1) Subject to subsection 12.1 (11) and section 194, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void.  2006, c. 17, s. 4; 2017, c. 13, s. 1. Same, Part V.1 (2) Subject to section 194, in any proceeding under Part V.1, a provision in an occupancy agreement in respect of a member unit or a provision in a by-law of a non-profit housing co-operative that is inconsistent with Part V.1, or with a provision in another Part of this Act that applies to non-profit housing co-operatives and member units, does not apply, and the provision in this Act applies.  2013, c. 3, s. 23. Section Amendments with date in force (d/m/y) 2013, c. 3, s. 23 - 01/06/2014 2017, c. 13, s. 1
- 30/05/2017
5.2 (1) This Act does not apply with respect to a rental unit that is a site on which a land lease home is located, if all of the following requirements are met: 1. The rental unit is owned by an employer and is provided to an employee, or to an employee and the employee’s spouse, in connection with the employee’s employment. 2. The rental unit is subject to a tenancy in respect of which a tenancy agreement is first entered into on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020
receives Royal Assent between, i. the employer, as landlord, and the employee, as tenant, or ii. the employer, as landlord, and the employee and the employee’s spouse, as joint tenants. 2020, c. 16, Sched. 4, s. 1. Application of exemption (2) The exemption under subsection (1) applies with respect to a rental unit until the tenancy is terminated. 2020, c. 16, Sched. 4, s. 1. Same (3) Subsection (2) applies with respect to a rental unit even if, (a) the employee ceases to be employed before the tenancy is terminated; or (b) the employee dies before the tenancy is terminated, provided the employee’s spouse is a tenant of the rental unit. 2020, c. 16, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 1 - 21/07/2020 Other exemptions
6 (1) Paragraphs 6, 7 and 8 of subsection 30 (1) and sections 48.1, 49.1, 51, 52, 54, 55, 56, 104, 111 to 115, 117, 119 to 134, 136, 140 and 149 to 167 do not apply with respect to, (a) accommodation that is subject to the Homes for Special Care Act; or (b) accommodation that is a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.  2006, c. 17, s. 6 (1); 2008, c. 14, s. 58 (5); 2009, c. 33, Sched. 8, s. 15; 2017, c. 13, s. 3 (1); 2020, c. 16, Sched. 4, s. 2. (2) Repealed: 2017, c. 13, s. 3 (2). Section Amendments with date in force (d/m/y) 2008, c. 14, s. 58 (5)
- 01/01/2011 2009, c. 33, Sched. 8, s. 15 - 01/01/2011 2017, c. 13, s. 3 (1)
- 01/09/2017; 2017, c. 13, s. 3 (2)
- 30/05/2017 2020, c. 16, Sched. 4, s. 2 - 21/07/2020
8 (1) If a tenant pays rent for a rental unit in an amount geared-to-income due to public funding and the rental unit is not a rental unit described in paragraph 1, 2, 3 or 4 of subsection 7 (1), paragraph 6 of subsection 30 (1) and Part VII do not apply to an increase in the amount geared-to-income paid by the tenant.  2006, c. 17, s. 8 (1). Same, assignment, subletting (2) Sections 95 to 99, subsection 100 (2), sections 101 and 102, subsection 104 (3) and section 143 do not apply to a tenant described in subsection (1).  2006, c. 17, s. 8 (2).
9 (1) A landlord or a tenant may apply to the Board for an order determining, (a) whether this Act or any provision of it applies to a particular rental unit or residential complex; (b) any other prescribed matter.  2006, c. 17, s. 9 (1). Order (2) On the application, the Board shall make findings on the issue as prescribed and shall make the appropriate order.  2006, c. 17, s. 9 (2). part ii   tenancy agreements
10 In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in those regulations.  2006, c. 17, s. 10.
11 (1) If a tenancy agreement is entered into, the landlord shall provide to the tenant information relating to the rights and responsibilities of landlords and tenants, the role of the Board and how to contact the Board.  2006, c. 17, s. 11 (1). Form (2) The information shall be provided to the tenant on or before the date the tenancy begins in a form approved by the Board.  2006, c. 17, s. 11 (2). Non-application (3) This section does not apply with respect to a tenancy if, (a) the tenancy begins on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020
receives Royal Assent; and (b) section 12.1 applies with respect to the tenancy agreement entered into in respect of the tenancy. 2020, c. 16, Sched. 4, s. 4. Transition, subs. (3) (4) Subsection (3) applies with respect to a tenancy agreement referred to in that subsection even if the agreement was entered into before the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent. 2020, c. 16, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 4 - 21/07/2020 Tenancy agreement
12 (1) Every written tenancy agreement entered into on or after June 17, 1998 shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act.  2006, c. 17, s. 12 (1). Copy of tenancy agreement (2) If a tenancy agreement entered into on or after June 17, 1998 is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord.  2006, c. 17, s. 12 (2). Notice if agreement not in writing (3) If a tenancy agreement entered into on or after June 17, 1998 is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act.  2006, c. 17, s. 12 (3). Failure to comply (4) Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be, (a) the tenant’s obligation to pay rent is suspended; and (b) the landlord shall not require the tenant to pay rent.  2006, c. 17, s. 12 (4). After compliance (5) After the landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4).  2006, c. 17, s. 12 (5).
13 (1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.  2006, c. 17, s. 13 (1). Actual entry not required (2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it.  2006, c. 17, s. 13 (2).
14 A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.  2006, c. 17, s. 14.
15 A provision in a tenancy agreement providing that all or part of the remaining rent for a term or period of a tenancy or a specific sum becomes due upon a default of the tenant in paying rent due or in carrying out an obligation is void.  2006, c. 17, s. 15.
16 When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the person entitled to claim the amount has a duty to take reasonable steps to minimize the person’s losses.  2006, c. 17, s. 16.
17 Except as otherwise provided in this Act, the common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party apply with respect to tenancy agreements.  2006, c. 17, s. 17.
18 Covenants concerning things related to a rental unit or the residential complex in which it is located run with the land, whether or not the things are in existence at the time the covenants are made.  2006, c. 17, s. 18.
19 The doctrine of frustration of contract and the Frustrated Contracts Act
apply with respect to tenancy agreements.  2006, c. 17, s. 19. part iii   responsibilities of landlords
20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.  2006, c. 17, s. 20 (1). Same (2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement.  2006, c. 17, s. 20 (2).
21 (1) A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food.  2006, c. 17, s. 21 (1). Non-payment (2) For the purposes of subsection (1), a landlord shall be deemed to have withheld the reasonable supply of a vital service, care service or food if the landlord is obligated to pay another person for the vital service, care service or food, the landlord fails to pay the required amount and, as a result of the non-payment, the other person withholds the reasonable supply of the vital service, care service or food.  2006, c. 17, s. 21 (2).
22 A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.  2006, c. 17, s. 22.
23 A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant.  2006, c. 17, s. 23.
24 A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys.  2006, c. 17, s. 24.
25 A landlord may enter a rental unit only in accordance with section 26 or 27.  2006, c. 17, s. 25. Entry without notice
26 (1) A landlord may enter a rental unit at any time without written notice, (a) in cases of emergency; or (b) if the tenant consents to the entry at the time of entry.  2006, c. 17, s. 26 (1). Same, housekeeping (2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and, (a) the landlord enters the unit at the times specified in the tenancy agreement; or (b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.  2006, c. 17, s. 26 (2). Entry to show rental unit to prospective tenants (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so.  2006, c. 17, s. 26 (3).
27 (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances: 1. To carry out a repair or replacement or do work in the rental unit. 2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit. 3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act
or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998. 4. To carry out an inspection of the rental unit, if, i. the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and ii. it is reasonable to carry out the inspection. 5. For any other reasonable reason for entry specified in the tenancy agreement.  2006, c. 17, s. 27 (1). Same (2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Trust in Real Estate Services Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.  2006, c. 17, s. 27 (2); 2020, c. 1, s. 36. Contents of notice (3) The written notice under subsection (1) or (2) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.  2006, c. 17, s. 27 (3). Section Amendments with date in force (d/m/y) 2020, c. 1, s. 36
- 01/12/2023
28 No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material.  2006, c. 17, s. 28.
29 (1) A tenant or former tenant of a rental unit may apply to the Board for any of the following orders: 1. An order determining that the landlord has breached an obligation under subsection 20 (1) or section 161. 2. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfered with the reasonable supply of any vital service, care service or food. 3. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or her household. 4. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant’s occupancy of the rental unit. 5. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys. 6. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit.  2006, c. 17, s. 29 (1). Time limitation (2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred.  2006, c. 17, s. 29 (2).
30 (1) If the Board determines in an application under paragraph 1 of subsection 29 (1) that a landlord has breached an obligation under subsection 20 (1) or section 161, the Board may do one or more of the following: 1. Terminate the tenancy. 2. Order an abatement of rent. 3. Authorize a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant. 4. Order the landlord to do specified repairs or replacements or other work within a specified time. 5. Order the landlord to pay a specified sum to the tenant for, i. the reasonable costs that the tenant has incurred or will incur in repairing or, where repairing is not reasonable, replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord’s breach, and ii. other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord’s breach. 6. Prohibit the landlord from charging a new tenant under a new tenancy agreement an amount of rent in excess of the last lawful rent charged to the former tenant of the rental unit, until the landlord has, i. completed the items in work orders for which the compliance period has expired and which were found by the Board to be related to a serious breach of a health, safety, housing or maintenance standard, and ii. completed the specified repairs or replacements
or other work ordered under paragraph 4 found by the Board to be related to a serious breach of the landlord’s obligations under subsection 20 (1) or section 161. 7. Prohibit the landlord from giving a notice of a rent increase for the rental unit until the landlord has, i. completed the items in work orders for which the compliance period has expired and which were found by the Board to be related to a serious breach of a health, safety, housing or maintenance standard, and ii. completed the specified repairs or replacements or other work ordered under paragraph 4 found by the Board to be related to a serious breach of the landlord’s obligations under subsection 20 (1) or section 161. 8. Prohibit the landlord from taking any rent increase for which notice has been given if the increase has not been taken before the date an order under this section is issued until the landlord has, i. completed the items in work orders for which the compliance period has expired and which were found by the Board to be related to a serious breach of a health, safety, housing or maintenance standard, and ii. completed the specified repairs or replacements or other work ordered under paragraph 4 found by the Board to be related to a serious breach of the landlord’s obligations under subsection 20 (1) or section 161. 9. Make any other order that it considers appropriate.  2006, c. 17, s. 30 (1). Advance notice of breaches (2) In determining the remedy under this section, the Board shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Board.  2006, c. 17, s. 30 (2).
32 If the Board makes an order terminating a tenancy under paragraph 1 of subsection 30 (1) or clause 31 (1) (e), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order.  2006, c. 17, s. 32. part iv   responsibilities of tenants
33 The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it.  2006, c. 17, s. 33.
34 The tenant is responsible for the repair of undue damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant.  2006, c. 17, s. 34.
35 (1) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without the consent of the landlord.  2006, c. 17, s. 35 (1). Landlord application (2) If a tenant alters a locking system, contrary to subsection (1), the landlord may apply to the Board for an order determining that the tenant has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant’s occupancy of the rental unit without the consent of the landlord.  2006, c. 17, s. 35 (2). Order (3) If the Board in an application under subsection (2) determines that a tenant has altered the locking system or caused it to be altered, the Board may order that the tenant provide the landlord with keys or pay the landlord the reasonable out-of-pocket expenses necessary to change the locking system.  2006, c. 17, s. 35 (3).
38 (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.  2006, c. 17, s. 38 (1). Same (2) If the period of a daily, weekly or monthly tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another day, week or month, 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.  2006, c. 17, s. 38 (2). Same (3) If the period of a periodic tenancy ends, the tenancy has not been renewed or terminated and subsection (2) does not apply, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy, 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.  2006, c. 17, s. 38 (3).
39 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 Board evicting the tenant has authorized the possession.  2006, c. 17, s. 39.
40 No landlord shall, without legal process, seize a tenant’s property for default in the payment of rent or for the breach of any other obligation of the tenant.  2006, c. 17, s. 40.
41 (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 terminate the tenancy; (c) subsection 93 (2); or (d) an order of the Board terminating the tenancy or evicting the tenant.  2006, c. 17, s. 41 (1). 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 72 hours have elapsed after the enforcement of the eviction order.  2006, c. 17, s. 41 (2). Same (3) A landlord shall make an evicted tenant’s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.  2006, c. 17, s. 41 (3). 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.  2006, c. 17, s. 41 (4). 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.  2006, c. 17, s. 41 (5). Enforcement of landlord obligations (6) If, on application by a former tenant, the Board determines that a landlord has breached an obligation under subsection (2) or (3), the Board may do one or more of the following: 1. Order that the landlord not breach the obligation again. 2. Order that the landlord return to the former tenant property of the former tenant that is in the possession or control of the landlord. 3. Order that the landlord pay a specified sum to the former tenant for, i. the reasonable costs that the former tenant has incurred or will incur in repairing or, where repairing is not reasonable, replacing property of the former tenant that was damaged, destroyed or disposed of as a result of the landlord’s breach, and ii. other reasonable out-of-pocket expenses that the former tenant has incurred or will incur as a result of the landlord’s breach. 4. Order that the landlord pay to the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. 5. Make any other order that it considers appropriate.  2006, c. 17, s. 41 (6).
42 (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 79; or (b) the landlord gives notice to the tenant of the rental unit and to the Board of the landlord’s intention to dispose of the property.  2006, c. 17, s. 42 (1). Same (2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately.  2006, c. 17, s. 42 (2). 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 Board.  2006, c. 17, s. 42 (3). 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.  2006, c. 17, s. 42 (4). 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 at a location close to the rental unit.  2006, c. 17, s. 42 (5). 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.  2006, c. 17, s. 42 (6). Same (7) If, within six months after the date the notice referred to in clause (1) (b) is given to the tenant and the Board 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.  2006, c. 17, s. 42 (7). 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.  2006, c. 17, s. 42 (8). Notice of Termination – General
43 (1) Where this Act permits a landlord or tenant to give a notice of termination, the notice shall be in a form approved by the Board 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.  2006, c. 17, s. 43 (1). 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 vacates the rental unit in accordance with the notice, the tenancy terminates on the date set out in clause (1) (b); (b) if the tenant does not vacate the rental unit, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant; and (c) if the landlord applies for an order, the tenant is entitled to dispute the application.  2006, c. 17, s. 43 (2). Period of notice
44 (1) A notice under section 47, 58 or 144 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.  2006, c. 17, s. 44 (1). Period of notice, monthly tenancy (2) A notice under section 47, 58 or 144 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.  2006, c. 17, s. 44 (2). Period of notice, yearly tenancy (3) A notice under section 47, 58 or 144 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.  2006, c. 17, s. 44 (3). Period of notice, tenancy for fixed term (4) A notice under section 47, 58 or 144 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.  2006, c. 17, s. 44 (4). 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.  2006, c. 17, s. 44 (5).
45 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 Board makes an eviction order or an order terminating the tenancy.  2006, c. 17, s. 45.
46 (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.  2006, c. 17, s. 46 (1). Exception (2) Subsection (1) does not apply with respect to a notice based on a tenant’s failure to pay rent.  2006, c. 17, s. 46 (2). Notice by Tenant
47 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 44.  2006, c. 17, s. 47. Notice by Tenant Before End of Yearly Period or Fixed Term of Tenancy Referred to in Subs. 12.1 (1)
47.0.1 (1) Despite subsections 44 (3) and (4) and section 47, a tenant may terminate a tenancy referred to in subsection 12.1 (1) that is a yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if, (a) the tenant has made a demand for a proposed tenancy agreement under subsection 12.1 (5) in respect of the tenancy; and (b) either one of the following applies, (i) at least 21 days have elapsed since the day the tenant made the demand and the landlord has not complied with the demand, or (ii) the landlord has complied with the demand and the tenant has not entered into the proposed tenancy agreement provided to the tenant by the landlord. 2017, c. 13, s. 6. Limitation (2) A tenant may give a notice under subsection (1) no later than 30 days after the day the landlord has provided the proposed tenancy agreement to the tenant. 2017, c. 13, s. 6. Period of notice (3) A notice under subsection (1) to terminate a yearly tenancy or a tenancy for a fixed term 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 of the tenancy. 2017, c. 13, s. 6. Form of notice (4) A notice under subsection (1) shall comply with subsection 43 (1). 2017, c. 13, s. 6. Application of subs. 44 (5) (5) Subsection 44 (5) applies with necessary modifications with respect to a notice given under subsection (1). 2017, c. 13, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 13, s. 6
- 30/05/2017 Notice by Tenant Before End of Period or Term, Tenant or Child Deemed to Have Experienced Violence or Another Form of Abuse
47.1 (1) Despite subsections 44 (2) to (4) and section 47, a tenant may terminate a monthly or yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if, (a) the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse; or (b) a child residing with the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse. 2016, c. 2, Sched. 6, s. 1. Same, joint tenants (2) A joint tenant who meets the requirement in clause (1) (a) or (b) may, (a) give a notice of termination of the tenancy under subsection (1), provided the notice is given jointly with all the other joint tenants; or (b) give a notice of termination of his or her interest in the tenancy under subsection 47.2 (1). 2016, c. 2, Sched. 6, s. 1. Period of notice (3) A notice under subsection (1) shall be given at least 28 days before the date the termination is specified to be effective. 2016, c. 2, Sched. 6, s. 1. Form and contents of notice (4) A notice under subsection (1) shall, (a) comply with subsection 43 (1); and (b) be accompanied by, (i) a copy of an order described in clause 47.3 (1) (a), (b) or (c) and issued not more than 90 days before the date the notice is given, or (ii) a statement referred to in clause 47.3 (1) (d), (e) or (f). 2016, c. 2, Sched. 6, s. 1. Entry to show unit to prospective tenants under s. 26 (3) (5) The landlord to whom a notice is given with respect to a rental unit under subsection (1) may enter the unit in accordance with subsection 26 (3) only after the tenant or all the joint tenants, as applicable, have vacated the unit in accordance with the notice and, for that purpose, clause 26 (3) (c) does not apply. 2016, c. 2, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 2, Sched. 6, s. 1 - 08/09/2016
48 (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 for a period of at least one year by, (a) the landlord; (b) the landlord’s spouse; (c) a child or parent of the landlord or the landlord’s spouse; or (d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.  2006, c. 17, s. 48 (1); 2017, c. 13, s. 7 (1); 2021, c. 4, Sched. 11, s. 31 (1). 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.  2006, c. 17, s. 48 (2). 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.  2006, c. 17, s. 48 (3). 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.  2006, c. 17, s. 48 (4). Application (5) This section does not authorize a landlord to give a notice of termination of a tenancy with respect to a rental unit unless, (a) the rental unit is owned in whole or in part by an individual; and (b) the landlord is an individual. 2017, c. 13, s. 7 (2). Section Amendments with date in force (d/m/y) 2017, c. 13, s. 7 (1, 2)
- 01/09/2017 2021, c. 4, Sched. 11, s. 31 (1) - 19/04/2021
48.1 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 the landlord gives the tenant a notice of termination of the tenancy under section 48. 2017, c. 13, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 13, s. 8
- 01/09/2017
49 (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, (a) the purchaser; (b) the purchaser’s spouse; (c) a child or parent of the purchaser or the purchaser’s spouse; or (d) a person who provides or will provide care services to the purchaser, the purchaser’s spouse, or a child or parent of the purchaser or the purchaser’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.  2006, c. 17, s. 49 (1); 2021, c. 4, Sched. 11, s. 31 (1). Same, condominium (2) 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, (a) the purchaser; (b) the purchaser’s spouse; (c) a child or parent of the purchaser or the purchaser’s spouse; or (d) a person who provides or will provide care services to the purchaser, the purchaser’s spouse, or a child or parent of the purchaser or the purchaser’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.  2006, c. 17, s. 49 (2); 2021, c. 4, Sched. 11, s. 31 (1). Period of notice (3) The date for termination specified in a notice given under subsection (1) or (2) 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.  2006, c. 17, s. 49 (3). Earlier termination by tenant (4) A tenant who receives notice of termination under subsection (1) or (2) 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.  2006, c. 17, s. 49 (4). 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.  2006, c. 17, s. 49 (5). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 31 (1) - 19/04/2021
49.1 (1) 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 landlord gives the tenant a notice of termination of the tenancy on behalf of a purchaser under subsection 49 (1) or (2); and (b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent. 2020, c. 16, Sched. 4, s. 5. Obligation under subs. (1) (2) Despite section 18, the obligation to compensate the tenant under subsection (1) remains an obligation of the landlord who gives the notice of termination of the tenancy on behalf of the purchaser and does not become an obligation of the purchaser. 2020, c. 16, Sched. 4, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 16, Sched. 4, s. 5 - 21/07/2020
50 (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.  2006, c. 17, s. 50 (1). 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.  2006, c. 17, s. 50 (2). 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 53 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact in accordance with subsection 53 (2) before vacating the rental unit.  2006, c. 17, s. 50 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 50 (3) of the Act is repealed and the following substituted: (See: 2023, c. 10, Sched. 7, s. 2) Notice requirements, repairs or renovations (3) A notice under clause (1) (c) shall, (a) inform the tenant that if the tenant wishes to exercise the right of first refusal under section 53 to occupy the premises after the repairs or renovations, the tenant must give the landlord notice of that fact in accordance with subsection 53 (2) before vacating the rental unit; and (b) in the case of a notice under clause (1) (c) given on or after the day section 2 of Schedule 7 to the Helping Homebuyers, Protecting Tenants Act, 2023 comes into force, be accompanied by a report prepared by a person who has the prescribed qualifications and that, (i) states that the repairs or renovations are so extensive that they require vacant possession of the rental unit; and (ii) meets any other prescribed requirements. 2023, c. 10, Sched. 7, s. 2. Same, report (3.1) For greater certainty, a failure to meet the requirements of clause (3) (b) with respect to a notice renders the notice void. 2023, c. 10, Sched. 7, s. 2. 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.  2006, c. 17, s. 50 (4). 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.  2006, c. 17, s. 50 (5). Section Amendments with date in force (d/m/y) 2023, c. 10, Sched. 7, s. 2 - not in force
51 (1) If a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act, 1998 or a predecessor of that Act on or after June 17, 1998, a landlord may not give a notice under section 48 or 49 to a person who was a tenant of a rental unit when it became subject to the registered declaration and description.  2006, c. 17, s. 51 (1). 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, 1998 or a predecessor of that Act, a landlord may not give a notice under section 48 or 49 to the tenant of the rental unit who was the tenant on the date the agreement of purchase and sale was entered into.  2006, c. 17, s. 51 (2). 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, 1998 or a predecessor of that Act before the day that is two years after the day on which the first rental unit in the complex was first rented.  2006, c. 17, s. 51 (3). Assignee of tenant not included (4) Despite subsection 95 (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.  2006, c. 17, s. 51 (4). 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.  2006, c. 17, s. 51 (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.  2006, c. 17, s. 51 (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.  2006, c. 17, s. 51 (7).