jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application of Act
2. (1) This Act applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. Conflicts, care homes (2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IV conflicts with a provision in another Part of this Act, the provision in Part IV applies. 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 V conflicts with a provision in another Part of this Act, the provision in Part V applies. 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. 1997, c. 24, s. 2.
Exemptions from rules relating to rent
4. (1) Sections 54, 55, 57, 58, 59, 92, 100 to 116, 121, 123 to 126, 129 to 143 and 189 do not apply with respect to accommodation that is subject to the Homes for Special Care Act.  1997, c. 24, s. 4 (1); 2001, c. 13, s. 32 (2). Same (2) Sections 100, 114, 116, 121, 123 to 125, 129 to 139, 142, 143 and 189 do not apply with respect to a rental unit if, (a) it has not been occupied for any purpose before the day this subsection comes into force; (b) it is a rental unit no part of which has been previously rented since July 29, 1975; or (c) no part of the building, mobile home park or land lease community has been occupied for residential purposes before November 1, 1991. 1997, c. 24, s. 4 (2). Developmental Services Act (3) Sections 54, 55, 57, 58, 59, 92, 100 to 116, 121, 123 to 126, 129 to 143 and 189 do not apply with respect to accommodation that is subject to the Developmental Services Act and that is not otherwise exempt under clause 3 (e). 1997, c. 24, s. 4 (3); 2001, c. 13, s. 32 (3).
Part VI not applied, rent geared to income
6. (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, 1.1, 2 or 3 of subsection 5 (1), Part VI does not apply to an increase in the amount geared-to-income paid by the tenant. 1997, c. 24, s. 6 (1); 2000, c. 27, s. 179 (6). Assignment, sublet not applied, rent geared to income (2) Sections 17, 18, 82, 89, 90 and 95 and subsections 81 (2) and 125 (3) do not apply to a tenant described in subsection (1). 1997, c. 24, s. 6 (2).
Application to determine issues
7. (1) A landlord or a tenant may apply to the Tribunal 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. Order (2) On the application, the Tribunal shall make findings on the issue as prescribed and shall make the appropriate order. 1997, c. 24, s. 7. PART II   RIGHTS AND DUTIES OF LANDLORDS AND TENANTS Tenancy Agreements Tenancy agreement
Name and address in written agreement
8. (1) Every written tenancy agreement entered into on or after the day this section comes into force 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. Copy of tenancy agreement (2) If a tenancy agreement entered into on or after the day this section comes into force 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. Notice if agreement not in writing (3) If a tenancy agreement entered into on or after the day this section comes into force 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. Failure to comply (4) Until a landlord has complied with subsections (1) and (2) or 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. After compliance (5) After the landlord has complied with subsections (1) and (2), or subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 1997, c. 24, s. 8.
Commencement of tenancy
9. (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. 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. 1997, c. 24, s. 9.
Frustrated contracts
10. The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements. 1997, c. 24, s. 10.
Covenants interdependent
11. Subject to this Part, 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. 2000, c. 26, Sched. K, s. 6 (4).
Covenants running with land
12. 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. 1997, c. 24, s. 12.
Minimize losses
13. 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. 1997, c. 24, s. 13.
Acceleration clause void
14. 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. 1997, c. 24, s. 14.
“No pet” provisions void
15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 1997, c. 24, s. 15.
Provisions conflicting with Act void
16. Subject to section 181, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void. 1997, c. 24, s. 16. Assignment and Subletting
Subletting rental unit
18. (1) A tenant may sublet a rental unit to another person with the consent of the landlord. 2000, c. 26, Sched. K, s. 6 (5). Same (2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant. 1997, c. 24, s. 18 (2). Charges (3) A landlord may charge a tenant only for the landlord’s reasonable out of pocket expenses incurred in giving consent to a subletting. 1997, c. 24, s. 18 (3). Consequences of subletting (4) If a tenant has sublet a rental unit to another person, (a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant’s obligations under the tenancy agreement or this Act during the subtenancy; and (b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant’s obligations under the subletting agreement or this Act during the subtenancy. 1997, c. 24, s. 18 (4). Overholding subtenant (5) A subtenant has no right to occupy the rental unit after the end of the subtenancy. 1997, c. 24, s. 18 (5). Application of section (6) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent’s premises. 1997, c. 24, s. 18 (6). Entry into Rental Unit or Residential Complex
Privacy
19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19. Entry without notice
Entry without notice, emergency, consent
20. (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. 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. Entry to show rental unit (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. 1997, c. 24, s. 20.
Entry with notice
21. (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 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 potential purchaser to view the rental unit. 3.1 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. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186. Same (2) The written notice under subsection (1) 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. 1997, c. 24, s. 21 (2).
Entry by canvassers
22. 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. 1997, c. 24, s. 22.
Changing locks
23. (1) 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. Same (2) 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. 1997, c. 24, s. 23. Additional Responsibilities of Landlord
Landlord’s responsibility to repair
24. (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. 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. 1997, c. 24, s. 24.
Landlord’s responsibility re services
25. 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 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. 1997, c. 24, s. 25.
Landlord not to interfere with reasonable enjoyment
26. 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. 1997, c. 24, s. 26.
Landlord not to harass, etc.
27. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 1997, c. 24, s. 27. Additional Responsibilities of Tenant
Tenant not to harass, etc.
28. A tenant shall not harass, obstruct, coerce, threaten or interfere with a landlord. 1997, c. 24, s. 28.
Cleanliness
29. 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. 1997, c. 24, s. 29.
Tenant’s responsibility for damage
30. The tenant is responsible for the repair of damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, other occupants of the rental unit or persons who are permitted in the residential complex by the tenant. 1997, c. 24, s. 30. Enforcement of Rights under this Part
Distress abolished
31. 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. 1997, c. 24, s. 31.
Tenant applications
32. (1) A tenant or former tenant of a rental unit may apply to the Tribunal for any of the following orders: 1. An order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant. 2. An order determining that the landlord breached the obligations under subsection 24 (1). 3. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit. 4. 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. 5. 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. 6. 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. 7. 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. 8. Where a notice under section 51 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and neither the landlord, the landlord’s spouse nor a child or parent of one of them has occupied the rental unit within a reasonable time after that termination. 9. Where a notice under section 52 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and neither the purchaser, the purchaser’s spouse nor a child or parent of one of them has occupied the rental unit within a reasonable time after that termination. 10. Where a notice under section 53 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and the landlord has not demolished, converted or repaired or renovated the rental unit within a reasonable time after that termination. 1997, c. 24, s. 32 (1); 1999, c. 6, s. 62 (3); 2005, c. 5, s. 67 (4). 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. 1997, c. 24, s. 32 (2).
Order re assignment, sublet
33. (1) If the Tribunal determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under paragraph 1 of subsection 32 (1), the Tribunal may do one or more of the following: 1. Order that the assignment or sublet is authorized. 2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant. 3. Order that the tenancy be terminated. 4. Order an abatement of the tenant’s or former tenant’s rent. Same (2) The Tribunal may establish terms and conditions of the assignment or sublet. Same (3) If an order is made under paragraph 1 or 2 of subsection (1), the assignment or sublet shall have the same legal effect as if the landlord had consented to it. 1997, c. 24, s. 33.
Order, repair, comply with standards
34. (1) If the Tribunal determines in an application under paragraph 2 of subsection 32 (1) that a landlord has breached the obligations under subsection 24 (1), the Tribunal may do one or more of the following: 1. Terminate the tenancy. 2. Order an abatement of the rent. 3. Authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant. 4. Order the landlord to do specified repairs or other work within a specified time. 4.1 Order the landlord to pay a specified sum to the tenant as compensation for, i. the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord’s breach or breaches of the obligation under subsection 24 (1), and ii. other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord’s breach or breaches of the obligation under subsection 24 (1). 5. Make any other order that it considers appropriate. 1997, c. 24, s. 34 (1); 2000, c. 26, Sched. K, s. 6 (6). Same (2) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal. 1997, c. 24, s. 34 (2). Other orders re s. 32
Locking systems, landlord application re alteration
36. If a tenant alters a locking system, contrary to subsection 23 (2), the landlord may apply to the Tribunal 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. 1997, c. 24, s. 36.
Locking systems, order
37. If the Tribunal in an application under section 36 determines that a tenant has altered the locking system or caused it to be altered, the Tribunal 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. 1997, c. 24, s. 37. Human Rights Code
Selecting prospective tenants
38. 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 the regulations made under the Human Rights Code.  1997, c. 24, s. 38. PART III   SECURITY OF TENURE AND TERMINATION OF TENANCIES Security of Tenure
Tenancy terminated
39. (1) A tenancy may be terminated only in accordance with this Act. Same (2) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy. When agreement void (3) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into, (a) at the time the tenancy agreement is entered into; or (b) as a condition of entering into the tenancy agreement. When notice void (4) A tenant’s notice to terminate a tenancy is void if it is given, (a) at the time the tenancy agreement is entered into; or (b) as a condition of entering into the tenancy agreement. 1997, c. 24, s. 39.
Deemed renewal where no notice
40. (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. Same (2) If the period of a periodic tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another week, month, year or other period, as the case may be with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 1997, c. 24, s. 40.
Restriction on recovery of possession
41. A landlord shall not recover possession of a rental unit subject to a tenancy unless, (a) the tenant has vacated or abandoned the unit; or (b) an order of the Tribunal evicting the tenant has authorized the possession. 1997, c. 24, s. 41.
Disposal of abandoned property, unit vacated
42. (1) A landlord may sell, retain for the landlord’s own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with, (a) a notice of termination of the landlord or the tenant; (b) an agreement between the landlord and the tenant to terminate the tenancy; (c) subsection 68 (2); or (d) an order of the Tribunal terminating the tenancy or evicting the tenant. Where eviction order enforced (2) Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant’s property before 48 hours have elapsed after the enforcement of the eviction order. Same (3) A landlord shall make an evicted tenant’s property available to be retrieved at a location proximate to the rental unit for 48 hours after the enforcement of an eviction order. Liability of landlord (4) A landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant’s property in accordance with this section. Agreement (5) A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant’s property. 1997, c. 24, s. 42. Notice of Termination – General Provisions
Notice of termination
43. (1) Where this Act permits a landlord or tenant to terminate a tenancy by notice, the notice shall be in a form approved by the Tribunal and shall, (a) identify the rental unit for which the notice is given; (b) state the date on which the tenancy is to terminate; and (c) be signed by the person giving the notice, or the person’s agent. Same (2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that, (a) if the tenant does not vacate the rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy and evicting the tenant; and (b) if the landlord applies for an order, the tenant is entitled to dispute the application. 1997, c. 24, s. 43.
Where notice void
44. (1) A notice of termination becomes void 30 days after the termination date specified in the notice unless, (a) the tenant vacates the rental unit before that time; or (b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time. Exception (2) Subsection (1) does not apply with respect to a notice based on a tenant’s failure to pay rent. 1997, c. 24, s. 44.
Compensation, unit not vacated
45. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by a person who is, (a) an unauthorized occupant of the unit; or (b) a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement. 2001, c. 9, Sched. J, s. 4 (1). Effect of payment (2) Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy, (a) by giving the tenant a notice of rent increase; or (b) by accepting arrears of rent or compensation for the use or occupation of a rental unit after, (i) the landlord or the tenant gives a notice of termination of the tenancy, (ii) the landlord and the tenant enter into an agreement to terminate the tenancy, or (iii) the Tribunal makes an eviction order or an order terminating the tenancy. 2001, c. 9, Sched. J, s. 4 (1). Notice of Termination – End of Period or Term of Tenancy
Tenant’s notice to terminate tenancy, end of period or term
46. A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with section 47. 1997, c. 24, s. 46. Period of notice
Period of notice, daily or weekly tenancy
47. (1) A notice under section 46, 60 or 96 to terminate a daily or weekly tenancy shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period. Period of notice, monthly tenancy (2) A notice under section 46, 60 or 96 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period. Period of notice, yearly tenancy (3) A notice under section 46, 60 or 96 to terminate a yearly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a yearly period on which the tenancy is based. Period of notice, tenancy for fixed term (4) A notice under section 46, 60 or 96 to terminate a tenancy for a fixed term shall be given at least 60 days before the expiration date specified in the tenancy agreement, to be effective on that expiration date. Period of notice, February notices (5) A tenant who gives notice under subsection (2), (3) or (4), which specifies that the termination is to be effective on the last day of February or the last day of March in any year, shall be deemed to have given at least 60 days notice of termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February or February 1 of that year in respect of a termination which is to be effective on the last day of March. 1997, c. 24, s. 47. Notice by Tenant for Termination Assignment of Tenancy Refused
Notice by tenant
48. (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 17 (4) apply. Same (2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days. 1997, c. 24, s. 48. Death of Tenant
Death of tenant
49. (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant. Reasonable access (2) The landlord shall, until the tenancy is terminated under subsection (1), (a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and (b) afford the executor or administrator of the tenant’s estate, or if there is no executor or administrator, a member of the tenant’s family reasonable access to the rental unit and the residential complex for the purpose of removing the tenant’s property. 1997, c. 24, s. 49.
Landlord may dispose of property
50. (1) The landlord may sell, retain for the landlord’s own use or otherwise dispose of property of a tenant who has died that is in a rental unit and in the residential complex in which the rental unit is located, (a) if the property is unsafe or unhygienic, immediately; and (b) otherwise, after the tenancy is terminated under section 49. Same (2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with subsection (1). Same (3) If, within six months after the tenant’s death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant’s family claims any property of the tenant that the landlord has sold, the landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of, (a) the landlord’s reasonable out of pocket expenses for moving, storing, securing or selling the property; and (b) any arrears of rent. Same (4) If, within the six-month period after the tenant’s death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant’s family claims any property of the tenant that the landlord has retained for the landlord’s own use, the landlord shall return the property to the tenant’s estate. Agreement (5) A landlord and the executor or administrator of a deceased tenant’s estate may agree to terms other than those set out in this section with regard to the termination of the tenancy and disposal of the tenant’s property. 1997, c. 24, s. 50. Notice by Landlord for Termination at End of Period or Term
Notice, landlord personally, etc., requires unit
51. (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord’s spouse or a child or parent of one of them. 1997, c. 24, s. 51 (1); 1999, c. 6, s. 62 (4); 2005, c. 5, s. 67 (5). 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. 1997, c. 24, s. 51 (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. 1997, c. 24, s. 51 (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. 1997, c. 24, s. 51 (4).
Where purchaser personally requires unit
52. (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by the purchaser, the purchaser’s spouse, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (9); 2005, c. 5, s. 67 (6). Same, condominium (1.1) If a landlord who is an owner as defined in clause (a) or (b) of the definition of “owner” in subsection 1 (1) of the Condominium Act, 1998 owns a unit, as defined in subsection 1 (1) of that Act, that is a rental unit and has entered into an agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by the purchaser, the purchaser’s spouse, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (10); 2005, c. 5, s. 67 (7). Period of notice (2) The date for termination specified in a notice given under subsection (1) or (1.1) shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 52 (2); 2000, c. 26, Sched. K, s. 6 (11). Earlier termination by tenant (3) A tenant who receives notice of termination under subsection (1) or (1.1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord’s notice. 1997, c. 24, s. 52 (3); 2000, c. 26, Sched. K, s. 6 (12). Same (4) The date for termination specified in the tenant’s notice shall be at least 10 days after the date the tenant’s notice is given. 1997, c. 24, s. 52 (4).
Notice, demolition, conversion or repairs
53. (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to, (a) demolish it; (b) convert it to use for a purpose other than residential premises; or (c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit. Same (2) The date for termination specified in the notice shall be at least 120 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. Same (3) A notice under clause (1) (c) shall inform the tenant that if he or she wishes to exercise the right of first refusal under section 56 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact in accordance with subsection 56 (2) before vacating the rental unit. Earlier termination by tenant (4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord’s notice. Same (5) The date for termination specified in the tenant’s notice shall be at least 10 days after the date the tenant’s notice is given. 1997, c. 24, s. 53.
Conversion to condominium, security of tenure
54. (1) If a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 on or after June 17, 1998, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of a rental unit when it became subject to the registered declaration and description. 2000, c. 26, Sched. K, s. 6 (13). Proposed units, security of tenure (2) If a landlord has entered into an agreement of purchase and sale of a rental unit that is a proposed unit under the Condominium Act or the Condominium Act, 1998, a landlord may not give a notice under section 51 or 52 to the tenant of the rental unit who was the tenant on the date the agreement of purchase and sale was entered into. 2000, c. 26, Sched. K, s. 6 (13). Non-application (3) Subsections (1) and (2) do not apply with respect to a residential complex if no rental unit in the complex was rented before July 10, 1986 and all or part of the complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 before the later of, (a) the day that is two years after the day on which the first rental unit in the complex was first rented; and (b) June 17, 2000. 2000, c. 26, Sched. K, s. 6 (13). Assignee of tenant not included (4) Despite subsection 17 (8), a reference to a tenant in subsection (1), (2) or (5) does not include a person to whom the tenant subsequently assigns the rental unit. 2000, c. 26, Sched. K, s. 6 (13). Conversion to condominium, right of first refusal (5) If a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises and still occupied by a tenant who was a tenant on the date of the registration referred to in subsection (1) or an acceptable offer to purchase a rental unit intended to be converted to a condominium unit, the tenant has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the offer. 1997, c. 24, s. 54 (5). Same (6) The landlord shall give the tenant at least 72 hours notice of the offer to purchase the unit before accepting the offer. 1997, c. 24, s. 54 (6). Exception (7) Subsection (5) does not apply when, (a) the offer to purchase is an offer to purchase more than one unit; or (b) the unit has been previously purchased since that registration, but not together with any other units. 1997, c. 24, s. 54 (7).
Compensation, demolition or conversion
55. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if, (a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use; (b) the residential complex in which the rental unit is located contains at least five residential units; and (c) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 1997, c. 24, s. 55.
Tenant’s right of first refusal, repair or renovation
56. (1) A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed. Written notice (2) A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit. Rent to be charged (3) A tenant who exercises a right of first refusal may re-occupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant’s tenancy. Change of address (4) It is a condition of the tenant’s right of first refusal that the tenant inform the landlord in writing of any change of address. 1997, c. 24, s. 56.
Tenant’s right to compensation, repair or renovation
57. (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 53 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant if, (a) the tenant does not intend to return to the rental unit after the repairs or renovations are complete; (b) the residential complex in which the rental unit is located contains at least five residential units; and (c) the repair or renovation was not ordered to be carried out under the authority of this or any other Act. Same (2) If a tenant has given a landlord notice under subsection 56 (2) with respect to a rental unit in a residential complex containing at least five residential units, the tenant is entitled to compensation in an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation. 1997, c. 24, s. 57.
Tenant’s right to compensation, severance
58. A landlord of a residential complex that is created as a result of a severance shall compensate a tenant of a rental unit in that complex in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if, (a) before the severance, the residential complex from which the new residential complex was created had at least five residential units; (b) the new residential complex has fewer than five residential units; and (c) the landlord gives the tenant a notice of termination under section 53 less than two years after the date of the severance. 1997, c. 24, s. 58.
Security of tenure, severance, subdivision
59. Where a rental unit becomes separately conveyable property due to a consent under section 53 of the Planning Act or a plan of subdivision under section 51 of that Act, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of the rental unit at the time of the consent or approval. 1997, c. 24, s. 59.
Notice end of term, additional grounds
60. (1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds: 1. The tenant has persistently failed to pay rent on the date it becomes due and payable. 2. The rental unit that is the subject of the tenancy agreement is a rental unit as described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has ceased to meet the qualifications required for occupancy of the rental unit. 3. The tenant was an employee of an employer who provided the tenant with the rental unit during the tenant’s employment and the employment has terminated. 4. The tenancy arose by virtue of or collateral to an agreement of purchase and sale of a proposed unit within the meaning of the Condominium Act in good faith and the agreement of purchase and sale has been terminated. 1997, c. 24, s. 60 (1); 2000, c. 27, s. 179 (7). Period of notice (2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 47 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 60 (2). Notice by Landlord for Termination before End of Period or Term
Non-payment of rent
61. (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than, (a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and (b) the 14th day after the notice is given, in all other cases. 1997, c. 24, s. 61 (1). Contents of notice (2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2000, c. 26, Sched. K, s. 6 (14). Notice void if rent paid (3) The notice of termination is void if, before the day the landlord applies to the Tribunal for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays, (a) the rent that is in arrears under the tenancy agreement; and (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given. 2000, c. 26, Sched. K, s. 6 (14). Termination for cause, illegal acts, misrepresentation
Termination for cause, illegal act
62. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex. 1997, c. 24, s. 62 (1). Termination for cause, misrepresentation of income (2) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her family occupying the rental unit. 1997, c. 24, s. 62 (2); 2000, c. 27, s. 179 (8). Notice (3) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than, (a) the 10th day after the notice is given, in the case of a notice under subsection (1) grounded on an illegal act, trade, business or occupation involving, (i) the production of an illegal drug, (ii) the trafficking in an illegal drug, or (iii) the possession of an illegal drug for the purposes of trafficking; or (b) the 20th day after the notice is given, in all other cases. 2000, c. 26, Sched. K, s. 6 (15). Definition of “illegal drug” (4) In this section, “illegal drug” means a controlled substance or precursor as those terms are defined in the Controlled Drugs and Substances Act (Canada); (“drogue illicite”) “possession” has the same meaning as in the Controlled Drugs and Substances Act (Canada); (“possession”) “production” means, with respect to an illegal drug, to produce the drug within the meaning of the Controlled Drugs and Substances Act (Canada); (“production”) “trafficking” means, with respect to an illegal drug, to traffic in the drug within the meaning of the Controlled Drugs and Substances Act (Canada). (“trafic”) 2000, c. 26, Sched. K, s. 6 (15).
Termination for cause, damage
63. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex. Notice (2) A notice of termination under this section shall, (a) provide a termination date not earlier than the 20th day after the notice is given; (b) set out the grounds for termination; and (c) require the tenant, within seven days, to pay to the landlord the reasonable costs of repair or to make the repairs. Notice void if tenant complies (3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, makes the repair, pays the reasonable costs of repair or makes arrangements satisfactory to the landlord to pay the costs or to make the repairs. 1997, c. 24, s. 63.
Termination for cause, reasonable enjoyment
64. (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant. Notice (2) A notice of termination under subsection (1) shall, (a) provide a termination date not earlier than the 20th day after the notice is given; (b) set out the grounds for termination; and (c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice. Notice void if tenant complies (3) The notice of termination under subsection (1) is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. 1997, c. 24, s. 64.
Termination for cause, act impairs safety
65. (1) A landlord may give a tenant notice of termination of the tenancy if, (a) an act or omission of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of any person; and (b) the act or omission occurs in the residential complex. Same (2) A notice of termination under this section shall provide a termination date not earlier than the 10th day after the notice is given and set out the grounds for termination. 1997, c. 24, s. 65.
Termination for cause, too many persons
66. (1) A landlord may give a tenant notice of termination of the tenancy if the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law. Notice (2) A notice of termination under this section shall, (a) provide a termination date not earlier than the 20th day after the notice is given; (b) set out the details of the grounds for termination; and (c) require the tenant, within seven days, to reduce the number of persons occupying the rental unit to comply with health, safety or housing standards required by law. Notice void if tenant complies (3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the rental unit. 1997, c. 24, s. 66.