Renting in Ontario: What are tenant's rights at end of one year rental lease?

[jorel]

I am coming up to the end of a one year rental lease and my landlord insists I sign another one year lease if my husband and I intend to stay. We do intend to stay, but would far rather the tenancy become month-to-month, as is automatic in Ontario. We don`t want to be stuck in a rental lease when we decide to buy a home, which could happen in the next year, but is not definite.

Do I have the right to refuse to sign another term lease and stay on a month-to-month lease?
Can I be evicted for not signing a term lease?

(PS: I asked this question before and several of you here were very helpful and provided long, detailed answers which I can't now look back to because that account got suspended! Would appreciate the help a second time around!)

An added note, my landlord isn't trying to screw me over or anything, they are just completely inexperienced as landlords and don't speak fluent English. Before I approach my landlord, I would like to make sure I know the law, since they do not.

[caomh]

"Do I have the right to refuse to sign another term lease and stay on a month-to-month lease?" Yes you do!

"Can I be evicted for not signing a term lease?" No, you cannot!

Unfortunately some answerers are unfamiliar with Ontario Residential Tenancy law. Your landlord cannot give you 60 notice to vacate because you refuse to sign another one year lease. They are misunderstanding how the expiration of a lease and how terminations work in the province of Ontario. There are only certain circumstances under which the landlord may "terminate" your lease. It is important that both you and your landlord know what these circumstances/conditions are.

Expiration of the existing lease does not mean that the tenancy has ended nor does it provide grounds for the landlord to give you notice to move out. It simply means that the one year term has expired. You are quite right in your interpretation that in Ontario a one year lease upon expiration convert [or rolls over] to month to month tenancy. Here is the reason why:

According to the Ontario Residential Tenancy Act a one year lease agreement shall automatically convert to a month to month tenancy. This occurs when BOTH tenant and landlord are not in agreement about signing another one year lease. It also means your landlord cannot force you to sign it with the threat of eviction or by giving you 60 days notice to vacate after you go on the month to month tenancy. He must accept you as a month to month tenant. The best thing you can do for yourself is to go on line and look up the Ontario Residential Tenancy Act and show your landlord section 38:

" 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)."

You'll notice it says, "has not been renewed or terminated". By not signing, you are indicating that you are not in agreement therefore the original lease cannot be "renewed" for another year's term. But what about the landlord exercising the option to therefore "terminate" the lease? He cannot. He can only terminate your lease under certain circumstances. Refusing to sign a new one year lease is not one of them.

"Landlords may only terminate a tenancy for specified reasons as set out in the legislation and cannot terminate simply because a fixed term has expired. When a fixed term tenancy goes to a month to month term, the landlord cannot force a tenant to sign another lease or agree to another fixed term."

http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/fash_009.cfm

[dennie18]

Hi Perse, there is a toll free number and Q&A on this link. Call the number and talk to them.

I don't think he can legally evict you at this time. Plus, once the snow flies he cannot do it in Canada. That's probably why he's pushing now.

http://www.ontariotenants.ca/law/law.phtml

[chason62]

You can refuse to sign a year lease. Landlord can either agree to month to month or give you 30 days notice to vacate. He can also raise your rent every month.

[barclay76]

I have no clue about Ontario - just glad to see u back from camping

[raleah]

You can refuse to sign another lease and the landlord can give you 60 days notice to vacate.

You are at the end of a contract. While you can refuse to sign another term lease, the landlord can also choose to give you 60 days notice to vacate.

A month to month tenancy is is only automatic in Ontario where another contract is not signed. As a month to month tenant the legal notice period in Ontario is 60 days which can be given by either the tenant or the landlord.

If the landlord gives you 60 days notice it is not considered and eviction it is a termination of agreement and it is well within thier rights to request that you leave.

A termed lease is for the protection of both landlord and tenant. Perhaps you can come to a compromise with your landlord and do a termed lease of 6 months? that way you are assured accommodations while you consider home ownership and the landlord is assure a tenant for that period.