Is it true that, under the Ontario law, after fulfilling terms of a one-year lease you can refuse to re-sign another one-year lease and instead start paying on a monthly basis (without being forced to move out)?
I told my landlord I don't want to re-sign and want to pay monthly. He said I either sign or move out.

Originally Posted by stafti

Is it true that, under the Ontario law, after fulfilling terms of a one-year lease you can refuse to re-sign another one-year lease and instead start paying on a monthly basis (without being forced to move out)?
I told my landlord I don't want to re-sign and want to pay monthly. He said I either sign or move out.

Yes, that is true. You can look up the pertinent legal information online. If you plan on staying the year though, you might as well re-sign.
If you're having issues with your landlord, talk to the off-campus housing people in the basement of the student centre. They're very helpful.

Do not sign. You are entirely within your rights to go month-to-month. However, be warned that if you paid first and last month's rent (as most do) when signing a lease, last month refers to the last month you will actually be staying there, not April (if your lease began May 1). So you will owe rent for that month as well... Don't give the landlord anything to use against you.

Originally Posted by Kudos

Do not sign. You are entirely within your rights to go month-to-month. However, be warned that if you paid first and last month's rent (as most do) when signing a lease, last month refers to the last month you will actually be staying there, not April (if your lease began May 1). So you will owe rent for that month as well... Don't give the landlord anything to use against you.

The law is "Deemed Renewal Where No Notice". The Landlord is allowed to terminate the tenancy after the end of the contractual period. If the Landlord does not give any notice, then there is rent on a month to month basis. So no, you can't go month to month if the Landlord is asking for renewal or termination of contract.

Originally Posted by jhan523

The law is "Deemed Renewal Where No Notice". The Landlord is allowed to terminate the tenancy after the end of the contractual period. If the Landlord does not give any notice, then there is rent on a month to month basis. So no, you can't go month to month if the Landlord is asking for renewal or termination of contract.

What is your source for that?
The government website (http://www.ltb.gov.on.ca/en/Key_Information/170036.html) says that the tenant has a right to stay ("security of tenancy") and the landlord cannot give the tenant notice to move out (ie evict the tenant) without just cause. Not wanting to sign another fixed-term lease is not just cause.

The brochure explicitly says:

The end of a fixed term tenancy or lease does not mean that the tenant has to move out or sign a renewal or new lease in order to stay.

jhan, you are incorrect on this. My family's business is a legal firm specializing in landlord-tenant matters.

The only way to get a tenant out (under most circumstances) is to evict them. The exceptions here would be things like the landlord deciding to move into the space himself, or selling the property at the end of a lease period.

You automatically go month to month when the lease ends unless you willingly resign due to security of tenure. Landlords can try all kinds of bs to try and evict you but it's very hard to do in Ontario and takes several months, even if you are late on rent or breaking the lease.

Originally Posted by starfish

What is your source for that?
The government website (http://www.ltb.gov.on.ca/en/Key_Information/170036.html) says that the tenant has a right to stay ("security of tenancy") and the landlord cannot give the tenant notice to move out (ie evict the tenant) without just cause. Not wanting to sign another fixed-term lease is not just cause.

The brochure explicitly says:

I got my source from http://www.e-laws.gov.on.ca/html/sta...7_ e.htm#BK43

Deemed renewal where no notice
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).

Originally Posted by jhan523

I got my source from http://www.e-laws.gov.on.ca/html/sta...7_ e.htm#BK43

And where in that does it say that the landlord has the right to terminate?
The tenant can terminate ("give notice") in those circumstances, but not the landlord.

... You just proved my point. Where a lease is not renewed, it goes month to month. That says nothing about it having to be renewed. Trust me, no landlord can force you to resign.

Originally Posted by starfish

And where in that does it say that the landlord has the right to terminate?
The tenant can terminate ("give notice") in those circumstances, but not the landlord.

I don't understand why a landlord doesn't have the right to terminate once the contract is up though...

Originally Posted by jhan523

I don't understand why a landlord doesn't have the right to terminate once the contract is up though...

Because you're living there and you have security of tenancy - it's enshrined into the law. You cannot be forced to move without a good reason (ie a reason that the law recognizes is valid). It may not be such a big deal for a student, but if you had a hard time finding a place to live that you could afford that is in the location that you need for work, maybe you have a kid who goes to school down the street, there are no other rentals in the area that you could live in, being forced to move out can really have an impact.

I think part of it is also so that people don't get coerced into signing really long contracts if they want to try and find someplace stable, because they don't know if the place is actually good until they live in it.

Originally Posted by starfish

Because you're living there and you have security of tenancy - it's enshrined into the law. You cannot be forced to move without a good reason (ie a reason that the law recognizes is valid). It may not be such a big deal for a student, but if you had a hard time finding a place to live that you could afford that is in the location that you need for work, maybe you have a kid who goes to school down the street, there are no other rentals in the area that you could live in, being forced to move out can really have an impact.

I think part of it is also so that people don't get coerced into signing really long contracts if they want to try and find someplace stable, because they don't know if the place is actually good until they live in it.

Ah ok, that makes a lot of sense.