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Landlord needs advice
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sunny

Burlington
1 Posts

Posted - 11/08/2004 :  15:10:57  Show Profile  Reply with Quote
I have tenants that are living in my condo now. Our lease is up as of March 2005, and I need them to move out a month early (Feb), so that we can move back in.
What do I do to get them to agree to this, and what are my legal obligations as far as being a landlord are concerned?
I have been on the Ontario Rental Housing Tribunal, but it wasn't very user friendly and I got more confused.

Moderator

Ontario
8727 Posts

Posted - 11/08/2004 :  16:31:35  Show Profile  Reply with Quote
The Tenant Protection Act establishes several reasons for termination at the end of the term or rental period.

*The end of the term relates to tenancy agreements where a fixed term is established such as with a lease agreement.

*The rental period relates to the period the rent covers such as the 1st of the month to the 31st, the 15th of the month to 14th of the following month, or, in the case of a weekly rental from a Wednesday to the following Tuesday.

The following are reasons for termination for which notice must be given to correspond with the end of the rental period or term:

Landlord's Own Use- if the landlord, in good faith, requires possession of the rental unit for residential occupation by himself, his spouse/same sex partner or a child or parent of one of them a notice may be given. The landlord must provide at least 60 days notice and it must terminate at the end of the rental period or term.

NOTE: A tenant who has received a notice of termination on the basis of the landlord requiring possession of premises for his own occupation may give notice to terminate the tenancy earlier than the date set out in the notice. The tenant must give at least 10 days notice of their intention to vacate prior to the termination date specified in the landlord's notice.

You can find the form here:

Notice to Terminate at End of the Term for Landord's or Purchaser's Own Use
http://www.orht.gov.on.ca/userfiles/page_attachments/Library/3/2966904_N12.pdf
You may want to read:

Terminating a Tenancy - A Guide for Landlords
http://www.settlement.org/sys/guides_detail.asp?faq_id=4000598

You may also want to read:

Landlords
http://www.settlement.org/site/HO/landlords.asp

You may want to contact the Landlord's Self-Help Centre for more information here:

Landlord's Self-Help Centre
http://www.settlement.org/sys/link_redirect.asp?doc_id=1002910

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Information and Referral Specialist


   
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