[Updated October 2021] Landlord Guide: How To End Or Extend A Tenancy Agreement
How To End Or Extend A Tenancy Agreement
The end of a tenancy agreement always brings about some level of confusion from both landlord and tenant. What happens next? Do you have to renegotiate the lease? Today, we’ll be looking at all the reasons a tenancy agreement may end (e.g. tenant giving early notice, eviction, end of a lease), and what to do in each situation.
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How To End A Tenancy Agreement
If your tenant has signed a fixed term lease, pay special attention to what the agreement says happens at the end of the term. There are 3 possibilities:
- The tenant must vacate at the end of the fixed term. This usually happens only when you, the landlord or your family member, decides to move in or if clearly specified in the contract.
- You cannot force a tenant to sign another fixed term so if the tenant stays and no new lease is signed, the tenancy will convert automatically to a month-to-month lease. If your tenant wants to move out, they must provide you with at least one month’s notice.
- If the tenancy agreement does not explicitly say what will happen at the end of a fixed-term, your lease will automatically continue on a month-to-month basis, unless you and your tenant mutually agree to renew on a fixed-term basis. This is true in both B.C. and Ontario.
Thus, the only way a tenant will leave at the end of a fixed-term is:
- You’ve indicated this requirement in the lease.
- The tenant has initiated the departure by providing one month’s notice that they are vacating your property.
(For the type of notice required, see the section below for Notice Required for Ending Tenancy).
How To End A Tenancy Agreement Early
A landlord can only end a tenancy agreement early provided:
- they or a relative is moving in;
- it is on a month-to-month basis;
- the place is going up for sale; or
- a major renovation or repair is required.
They cannot end a fixed-term lease early for renovation or repair. In such a case, the eviction notice must be given 2 or 4 months prior to the lease completing but the lease must be allowed to complete. A landlord can end a month-to-month arrangement for the above listed reasons, at any time, by issuing a 2 or 4 month eviction notice.
In both B.C. and Ontario, a tenant can end a tenancy by providing one month’s notice on a month-to-month lease. If they are breaking a fixed-term lease, however, they may have to pay the landlord for costs of re-renting the unit – like advertising or lost rent. As a landlord, however, you are obligated to make every effort to limit these costs by trying to rent the unit as soon as possible.
In some cases, a “liquidated damages” term is included in the original lease contract. If this is the case, the tenant will have to pay to end the tenancy early.
On the other hand, if the relationship is good and the reason for vacating is reasonable, the landlord and tenant may agree to end the lease amicably with no payment for damages (for additional information regarding an early tenant-initiated end to a tenancy, refer to these guidelines for ending a tenancy in BC, and this document about ending a tenancy in Ontario.
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How To Extend A Tenancy Agreement
How Many Days Notice To End Tenancy
There are any number of reasons why a landlord could choose to give a Notice to End Tenancy. Let’s look at the most common, broken down by province:
Type of notice required to End Tenancy in BC:
*For a complete list of reasons for a one-month notice, click here
**If the tenant pays all the rent and utilities owing within five days of receiving the notice, the notice is cancelled and the tenancy continues.
Type of notice required to End Tenancy in Ontario:
*14 days if this is the second notice within 6 months
**7 days if the tenant is renting on a weekly/daily basis
How to end a tenancy on liv.rent
Ending a tenancy can be done quickly and easily right within the liv.rent platform. Remember that you cannot end a tenancy unless you’ve indicated it within the original lease agreement. Otherwise, the tenancy will continue on a month-to-month basis. Tenants can also request to end a month-to-month tenancy with one month’s notice.
To end a month-to-month tenancy on liv.rent, follow these simple steps:
Tenant Dashboard –> Select Tenancy –> Select More Options –> Choose End Tenancy –> Select End Tenancy Date
How to extend a tenancy on liv.rent
Likewise, landlords can offer tenants the option to extend their tenancy on the liv.rent platform. This must be extended at least 60 days prior to the expiration of the existing lease agreement.
As with ending a tenancy, landlords simply need to navigate to the Tenant Dashboard and go through the following steps:
Tenant Dashboard –> Select Tenancy–> Select More Options –> Choose Renew Contract
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