Important information for resolving landlord-tenant conflicts

Important information for resolving landlord-tenant conflicts

Tenancy agreements
When a landlord rents to a tenant, they enter into a contract, a ‘tenancy agreement’. This is the agreement under which the tenant pays rent to live in the rental unit. This agreement can be verbal or implied, and a standard lease agreement should be used for most new leases. If it is agreed that the lease will last for a specific period of time, then it is called a ‘fixed term tenancy’.

Agreement to end a tenancy
The landlord and tenant can agree to end the contract at any time. While a verbal agreement is possible, it’s best to have a written agreement, so that if there’s any confusion, both parties have a written agreement to refer to. The agreement must be signed by all tenants, and you can use the form N11: Agreement to end the tenancy. If the tenant changes their mind, you can ask the landlord for a new agreement to keep the contract in place. However, if you and the tenant don’t reach a new agreement and the tenant refuses to move, then you can apply to LTB for an eviction order.

Notice to end a tenancy
A landlord can only end a tenancy for certain reasons. In most cases, the landlord must provide a written notice to the tenant asking them to move. The correct notice format must be used so that all the information required by law is communicated to the tenant. If you don’t get it right, the notice can be invalidated.

Reasons for ending a tenancy
You can end a tenancy for one of the reasons allowed by law. See examples below.
Abandonment of the rental unit, if the end of the lease is agreed upon, violation of an order or mediated settlement, conversion to non-residential use, damage to the rental unit, demolition, termination of employment, illegal activity, safety violation, interference with the rights of others, falsified income reporting, nonpayment of rent, overcrowding, persistent delinquency in rent, landlord’s personal need for the rental unit (family relocation), buyer’s personal use, repair, or alteration, termination of supervisor’s employment, continued stay of subtenant after the end of the sublease term, termination of lease for rehabilitation or treatment services, tenant gives notice of termination of lease, unauthorized occupancy, etc.

Eviction
An eviction order can only be enforced by a sheriff. If the tenant doesn’t leave the unit by the end date of the eviction order, the landlord can’t enforce the order themselves; it’s the Sheriff’s domain. The Sheriff’s Office charges a fee to enforce the order, and a copy of the order must be filed with the Court Enforcement Office in order to enforce the order.