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Chapter 10: Terminating the Tenant Agreement: No-Fault Grounds

Introduction

This chapter outlines the various grounds and legal considerations landlords must follow when terminating a tenancy agreement under no-fault provisions, as governed by the Residential Tenancies Act (RTA) in Ontario. Understanding these grounds is essential for both landlords and tenants to navigate rights and responsibilities effectively.

Grounds for Termination at End of Term

1. Personal or Family Use

   • A landlord may terminate a tenancy to occupy the property personally or for a family member's use.

   • Requires a 60-day notice using Form N12, applied at the end of the tenancy.

   • Intent must be genuine, covering only specific relatives, excluding extended family.

2. Demolition

   • Requires a 120 days notice, and compensation is often necessary unless specific conditions apply.

   • Procedures differentiate based on the size of the residential complex.

3. Conversion to a Non-Residential Use

   • Similar to demolition, needs a 120 days notice with tenant protections regarding compensation.

4. Repairs or Renovations

   • Valid when necessary repairs require vacant possession, following a notice period of 120 days.

5. Persistent Late Payment

   • Persistence in rent payment issues can be grounds for eviction, generally with a 60 days notice required.

6. Employment that has Been Terminated

   • Circumstances surrounding employment termination as a ground for eviction are strictly regulated, adhering to similar notice periods.

7. Ceasing to Meet Qualifications in Public Housing

   • Notice can occur at the end of the term for tenants who no longer meet qualifications due to an increase in income or assets.

8. Collateral Agreement to Purchase a Proposed Condominium Unit

   • Termination may occur if the sale agreement for a condominium is terminated.

9. Severances and Condominium Conversions

   • Special provisions exist for units resulting from severance or conversions post specified dates.

Security of Tenure in Ontario

• In Ontario, a crucial tenant right is the security of tenure, meaning landlords cannot terminate tenants without valid reasons framed within the Residential Tenancies Act, such as those mentioned above.

• The notice system plays a pivotal role, backed by specific forms such as N8 for termination notices, which must adhere to temporal limits set by the RTA.

Defending Against Notices of Termination

1. Error on the Notice

   • Defenses include improper notices that do not comply with legal requirements, such as insufficient notice periods or inaccuracies on their part.

2. Challenging Good Faith

   • Tenants may dispute the cited reasons for termination, emphasizing the necessity of the landlord to demonstrate genuine intent.

3. Seeking Relief under Section 83

   • Tenants can argue that evicting them would be unjust and may gain relief based on personal hardships.

Special Considerations for Termination

• The RTA has recently introduced amendments mandating longer notice periods and requirements for landlord compensation, particularly when terminating for personal use or renovation.

• Fundamental changes include provisions that require landlords to not only demonstrate the necessity of personal use but also adhere to specific timelines for tenant compensation to ensure fairness in eviction processes.

Conclusion

Navigating the termination process of a tenancy agreement in Ontario is intricate and governed by specific legal grounds and procedures designed to protect tenant rights while allowing landlords some degree of control. Understanding these provisions ensures all parties involved can adhere to their legal obligations while resolving tenancy issues fairly.