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Law 2101 - Mar. 6.docx

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Western University
Law 2101

Law 2101 Thursday March 6 Landlord & Tenant Law Termination by Landlord • General Termination (s. 37 RTA) o Tenancy can only be terminated in accordance with the RTA o A notice of termination is not required if the landlord and tenant agree to it o **An agreement to terminate the tenancy cannot be made prior to or at the time of entering into the tenancy  You can’t sign a lease and agree to move out on a certain date  If your lease said that you had to move out by a certain date, it would be void (not enforceable) o However, different rules apply when units are operated or administered by or on behalf of a post-secondary institution  The post-secondary institution and tenant can agree to terminate prior to or at the time of entering into the tenancy • Requirements of Notices to Terminate o A notice of termination must: a) identify the rental unit for which the notice is given b) state the date on which the tenancy is to terminate c) be signed by the person giving the notice, or the person’s agent o If the landlord is giving the notice, it must also set out reasons and details of the termination, and inform the tenant that: (you don’t need to know these details) a) if they do not vacate the unit, the landlord may apply to the LTB for an order evicting the tenant b) if the landlord applies for an order, the tenant is entitled to dispute it at the LTB (if you get a notice, it doesn’t necessarily mean your tenancy will be terminated) c) state that if the tenant vacates on the date set out in the notice, the tenancy is terminated on that date • *Fault and Non-Fault Grounds (know what is fault/non-fault, but not the details) o Non-Fault Grounds  Landlord requires the unit (s. 48 RTA) • The notice must be given 60 days in advance of the end of the term  Purchasing landlord requires the unit • Not the existing landlord, someone who will buy the building with the intention of moving into your unit • Pertains to a residential complex of 3 units or less • Date must be at least 10 days after a notice is given  Demolition, conversion, repairs (s. 50 RTA) • Landlord must give 120 days notice to the tenant o Fault Grounds  Persistent late payment of rent (s. 58(1) RTA) • Even if you are paying your rent every month, if you don’t pay it on the day specified in the agreement, you can be terminated  Non-payment of rent (s. 59 RTA) • If you don’t pay the rent owing, the landlord can apply to the Board to have your tenancy terminated  Undue Damage (s. 62 RTA)  Overcrowding (s. 67 RTA) • The number of persons occupying the rental unit must not create a violation of health, safety, or housing standards  Interference with reasonable enjoyment (for any other tenant or the landlord themselves) (s. 64 RTA)  Safety (s. 66 RTA) • If the tenant does anything in the unit to impair the safety of any person the landlord may give notice of termination Termination by Tenant • Termination of tenancy, periods of notice o **If a tenant is terminating a tenancy, you have to give 60 days notice for monthly tenancies (most tenancies) o If you are not locked into a lease (it has expired) and you are a month-to- month tenant, you still have to give 60 days notice  The notice is effective the last day of the month • If you terminated today, you wouldn’t terminate May 6, but May 30 o If you are in a lease and want to terminate your lease at the end of the lease term, you still have to give 60 days notice  If you don’t give notice, your lease would become a month-to- month lease (security of tenure) Landlord’s Remedies • Evictions o The date of eviction will be the date specified in the notice o If your landlord has an eviction order but they don’t do anything with it (take steps to act on it), it will expire within 6 months  There may be a problem with the tenant, but the relationship is repaired and the eviction order expires if the landlord doesn’t try to enforce it o If the Board orders the tenancy to be terminated, it won’t happen that day  If the landlord wants to enforce the eviction, they have to take steps (filing it with the sheriff’s office)  The sheriff will come to the tenant’s door to let them know,
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