A typical rental is either annual or month-to-month, and the amount of rent may be different for long-term renters (because of lower turnover costs). Leaving a long-term lease before its expiration could result in penalties, or even the cost of the entire agreed period (if the landlord is unable to find a suitable replacement tenant, after diligent pursuit). If a tenant stays beyond the end of a lease for a term of years (one or more), then the parties may agree that the lease will be automatically renewed, or it may simply convert to a tenancy at will (month-to-month) at the pro-rated monthly cost of the previous annual lease. If a tenant at will is given notice to quit the premises, and refuses to do so, the landlord then begins eviction proceedings. In many places it is completely illegal to change locks on doors, or remove personal belongings, let alone forcibly eject a person, without a court order of eviction. There may be strict rules of procedure, and stiff penalties (triple damages, plus attorneys' fees) for violations.
Starting April 30, 2018, Ontario landlords leasing private residential rental units must use a new standard form of lease (the "New Form"). If you are a landlord, or a property management company, you should be aware that the New Form may affect how you do business. The New Form sets out the essential terms of a lease and outlines both your and your tenant's rights and responsibilities.
The tenancy cannot be ended earlier than the date fixed except in three circumstances: both parties agree in writing; there are special circumstances such as the tenant is fleeing family violence or the tenant has been assessed as requiring long-term care or has been accepted into a long-term care facility; or as ordered by an arbitrator. Learn more about ending a fixed-term for family violence or long-term care.
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Various things can affect the state of an apartment: a sagging ceiling, toxic mold or no running water. Depending on how serious the situation is, you can cancel the lease, leave the apartment during repairs or simply refuse to move in. By law, when is an apartment unit unfit to live in? The law considers that a rental unit is unfit to live in when there is a serious risk to the health or...
Section 22. The failure of Tenant or Tenant’s visitors to comply with any term of this Lease Agreement to the detriment of the Landlord, or the misrepresentation of any material fact on Tenants’ Rental Application, is grounds for termination of the tenancy, with appropriate notice to the Tenants and procedures as required by law, including that the Landlord can cancel the remainder of the Lease Agreement and the Tenants will be liable for the balance of the rent for the remainder of the term.
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Assignments and subleases both occur when the tenant gives his/her rights under the lease to a third party. A sublease or an assignment typically requires the consent of the landlord. An assignment occurs when the tenant gives to a third party all of his or her remaining rights under a lease for the entire term of the lease. If a tenant assigns property and the landlord consents to the assignment, that tenant no longer has any rights to the property nor any obligations to the landlord. In a sublease the tenant can transfer a portion of the leased space (e.g. a room in a house) or a portion of the tenancy (e.g. for 5 of the remaining 6 months of the lease) to a third party. The original tenant retains whatever rights under the lease he or she has that were not transferred to the third party, and also retains most of his or her obligations under the lease. Typically, the original tenant can still sue and be sued by the landlord for lease violations.
Please note: in some jurisdictions, a landlord is not allowed to ask for a security deposit. In other jurisdictions, a landlord may require both a security deposit and other types of deposits (for example, a pet damage deposit). You should review the governing legislation for the location of the property to make sure the type of deposit is allowable.
Under the Rental of Residential Property Act, a landlord is not responsible for damages to a tenant's personal property. If a tenant wishes to be compensated for losses or damages to their personal belongings, the tenant should obtain tenant insurance. If a tenant believes he has a cause of action against the landlord for personal injury and/or damages to personal property, the tenant may pursue the matter in the Supreme Court of Prince Edward Island.
Additional occupants: The agreement may include a term restricting the number of occupants in a rental unit or requiring the landlord’s permission before additional occupants can live in the rental unit. If additional occupants are added, a landlord can only increase the rent if the tenancy agreement includes a term allowing the rent to vary based on the number of occupants or the parties all agree to sign a new tenancy agreement.