Residential tenancy is automatically renewed unless a notice of termination is given

Q: I moved to Ottawa from Dallas a little less than a year ago, and signed a lease for 10 months ending on Aug. 31. I planned to move out on Aug. 31 to an apartment closer to my work (and my girlfriend’s place), but when I went to arrange the elevator, the resident manager told me I needed to give 60 days’ notice to end my tenancy. He wants me to pay until Oct. 31, another two month’s rent. I don’t understand. My lease ended, doesn’t that mean I can (or even have to) move out?

A: In the state of Texas, and many other jurisdictions, a tenancy ends when the lease ends, unless the landlord and the tenant agree to renew the lease. However, the law is different in Ontario. In Ontario, a residential tenancy is automatically renewed unless the tenant or the landlord gives the other a notice of termination. The renewal is on a month-tomonth basis on the same terms as in the expired lease, other than the length of the tenancy and the rent, which the landlord can increase 12 months after the date the rent was first charged, by giving an official notice of rent increase.

The policy behind Ontario’s law is to give tenants the ability to stay in rental units and establish permanent homes there. Landlords can end tenancies only for specific reasons, such as if the tenant does not pay the rent, damages the rental unit or disturbs other tenants, or if the landlord wants to move into the rental unit themselves.

Because you did not give notice to terminate until now, the earliest date you are entitled to end your tenancy is Oct. 31.

If you have already rented another apartment for Sept. 1, then you can absorb the double rent or try to make a new arrangement with one of the landlords, or try to assign one of the tenancies. It is unlikely that the new landlord would agree to a delay in your beginning to pay rent, but you could ask. For instance, if repairs are needed in the new unit, then the landlord might be willing to delay the start of the tenancy to do the repairs on a non-rush basis.

You can tell your current landlord that you will definitely be leaving by Aug. 31. He will need to try to rent for some time in September or October. If he succeeds then he will not be able to sue you successfully for the rent after the new start date. But if a new tenant cannot be found until Nov. 1 or beyond, you will be responsible to pay the lost rent.

Your other possible solution would be to try to assign the balance of your tenancy. To do that, you could first ask the landlord for permission in writing. If the landlord refuses consent or does not reply within seven days, then you can terminate the tenancy on 30 days’ notice. (However, if you ask for permission to assign, you cannot say you are definitely leaving on Aug. 31.) You can try to find a tenant to present to the landlord, and then seek to assign to that person, or invite the landlord to rent to that person themselves.