Scenario: I have signed a 1-year rental lease agreement with my tenant starting from April 1, 2016, and the rent has to be paid on or prior to the 1st day of each month. Recently, she hasn't made her payment on time or even postpone her rent payment till next month. I have communicated with her about this payment issue, and she brings up the possibility of moving out of the rental unit very soon. Notwithstanding that the lease will not be expired until March 31, 2017, I am willing to let her move in search for a better tenant who pays rent on time. However, she is still staying in my rental unit currently. I have addressed in the lease that I can evict her out of the rental unit, if the Tenant does not pay rent over 30 days from its payment date. Now, what is the proper way of terminating the tenancy with my current tenant? What options do I have in this situation?
As a Landlord, there are few options for you to resolve the problem here, depending on your desirable outcome and compromise you would like to make with the current tenant.
- Since the current tenant brings up the possibility of moving out of the rental unit earlier than the lease expires (also accepted by the Landlord), you can ask her to provide you a signed N9 notice - Tenant's notice to End the Tenancy with the termination date at least 60 days (last day of the rental period) after the tenant's giving this notice to you.
- The Landlord and the Tenant can sign a N11 agreement, when both parties agree to terminate the tenancy earlier and a mutual decision on its termination date.
Keeping in mind that if no further action of tenant's moving out of the unit on or after the termination date, the Landlord has to submit L3 application to the Board within 30 days from the termination date specified in the notice in order to enforce the validity of notice given mentioned above.
- This is the most regular action for the Landlord to give N4 notice for non-payment of rent or delayed rent payment with the termination date usually 14 days after the notice being given to the Tenant. The Landlord can submit L1 application to the Board to evict the Tenant and collect the rent that he/she owes, if the Tenant still hasn't paid the rent on or after the termination date stated in the notice.
Although the lease addresses the Landlord's right to evict the Tenant if he or she does not pay rent over 30 days from its payment date, the Residential Tenancy Act, 2006 overrides any terms and conditions in the lease when contradictory arising. Never use your own method to terminate the tenancy and evict the Tenant due to any "for cause" reasons, but to submit the relevant application and get the Order from the Board for eviction.
There are other "for cause" reasons which are allowed by the Board for the Landlord to terminate the Tenancy and evict the Tenant by giving the appropriate notice to the Tenant and submitting relevant application form to the Board, such as
- causing damages to the rental property
- disturbing other tenants or the Landlord, and
- illegal activity in the rental unit or residential complex.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
Cynthia Cheung is an experienced Licensed Paralegal & a former author of Sunday legal column at Mingpao, which is one of the most circulating community newspaper in Toronto.
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