The Residential Tenancies Act, 2006 defines and applies, in various ways to all residential tenancies across Ontario. Strict rules are set for landlords who wish to evict tenants, increase tenants’ rent or to charge ancillary fees. Tenants on the other hand, enjoy leniency in the form of ‘voiding’ when it comes to complying with most of their obligations under the Act.

The following are common types of residential tenancy arrangements;

  1. Fixed-term tenancy

This is a tenancy arrangement where the agreement has a defined start and end date, automatically expiring when the last day has ended. This type of tenancy can be terminated by either party with proper statutory notice. If the agreement is not terminated or renewed, a periodic tenancy commences.

  1. Periodic tenancy

This tenancy is typically short term and therefore, it has shorter notice periods when a notice to commence an application to the Board is served. Undefined terms of habitation are common in these types of tenancies, making it more difficult to gather evidence that is necessary for a successful eviction.

  1. Tenancy at sufferance

This is not a lawful tenancy, it takes place outside any tenancy agreement, but the tenant remains in possession of the rental unit. While there is no agreement to tenancy, the Board will recognize landlords’ right for compensation in the form of rent charges.

Depending on the type of tenancy, procedural steps can vary. Proper procedure plays an extremely important role when it comes to evicting a tenant. There are many steps a landlord is required to take in order to ensure success. For more information about tenancy agreements and other aspects of the landlord tenant law, talk to our knowledgeable and curious staff today!

By Eugeni Denchik, paralegal at ParalegalEase

References:

http://shevaslegalservices.com/legal-sevices/538-2/
http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fore/replli/replli_003.cfm
http://torontotenants.org/sites/torontotenants.org/files/publications/what%20tenants%20need%20to%20know%20about%20the%20law.pdf
http://www.dan-mcintyre.com/Tenant-News-and-Information.html
http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/fash_009.cfm