Real Estate

how landlord to terminate a lease

  • Last Updated:
  • Dec 1st, 2016 12:42 pm
[OP]
Newbie
Apr 2, 2007
5 posts
ottawa

how landlord to terminate a lease

I'm a landlord with a 2-bedroom apartment unit. I signed 2 separate leases with 2 tenants (both have lived there for about 2 years) and each tenant occupies his own bedroom and shares the kitchen/living area. one of the tenants has moved out for about a month. however, I had problem to find a suitable tenant to occupy the vacant bedroom. I experienced loss for just renting out one room for a 2-bedroom unit. I plan to rent out the whole unit under one lease. instead of renting out by rooms. I need to terminate the lease with the existing tenant first before I can rent out the entire unit. How can I terminate his lease? just give him 60-day notice or any explanation needs to be provided. thanks in advance.
14 replies
Member
Mar 3, 2016
383 posts
229 upvotes
You can ask him directly and explain your situation, and look at the lease agreement. However, he may decide not to listen to you and continue living there. And with a lease in place, you are going to have a hard time. With winter coming, nobody want to move in the cold so it might be understandable. Plus, what would be the use of a lease if you can kick him out with a 60 day notice? Being a landlord is a business and sometime you will make losses so take it as a lesson.
Deal Fanatic
Jul 3, 2011
5427 posts
2494 upvotes
Thornhill
You can offer to buy out his lease and get him to agree to leave. This may mean compensating him for moving costs or a portion of his new lase expenses.

You've no legal grounds to terminate the lease otherwise.
Deal Addict
Jul 29, 2006
3974 posts
788 upvotes
Is landlord still bound by lease agreement if its already been 2 years and is on month to month now (assuming)?
Deal Fanatic
Mar 15, 2005
5317 posts
878 upvotes
You are going to have to offer your tenant a good chunk of cash to get them to move out unless they are really nice.

It is not his problem that you are unable to rent out a single room and/or are cash flow negative with only one tenant and that doesn't revoke his rights as a tenant.
[OP]
Newbie
Apr 2, 2007
5 posts
ottawa
the original one year lease signed in 2014 expired and right now it's on a monthly basis.

in other words, only tenant can terminate his lease with 60-day notice, however, landlord can't terminate a lease with proper notice. correct?
Deal Addict
Jul 11, 2010
1142 posts
219 upvotes
Toronto
nx6288 wrote: Is landlord still bound by lease agreement if its already been 2 years and is on month to month now (assuming)?
All terms of the lease remain the same after the lease goes month to month.
Sr. Member
May 3, 2013
611 posts
175 upvotes
Toronto
uo88man1 wrote: the original one year lease signed in 2014 expired and right now it's on a monthly basis.

in other words, only tenant can terminate his lease with 60-day notice, however, landlord can't terminate a lease with proper notice. correct?
Correct, you cannot just kick the tenant out with 60-days notice. You need to have a valid reason, as described in the Residential Tenancies Act, section 48.
Deal Addict
Nov 2, 2005
3767 posts
1108 upvotes
Ottawa
What the others are saying. Your grounds for evicting a good tenant are very limited and clearly outlined in the RTA https://www.ontario.ca/laws/statute/06r17. It's essential reading for all landlords and wannabes and I'm sure there's plenty other rules that you're completely oblivious to.

This is something that needs to be negotiated with your remaining tenant and its very unlikely he's just going to get up and leave without some incentive and you may need to get creative and be prepared to trade some short term pain for long term gain..
Deal Addict
Dec 21, 2011
3425 posts
633 upvotes
London
if that tenant is good you could also explain the situation to him and say you want him to stay, does he have anyone he would want to live with and sign a new lease on the two bed. he might go for it as then he knows who he'll be sharing with.
Newbie
Mar 24, 2006
14 posts
1 upvote
Toronto
If this is in Ontario and the building is not rent controlled, just raise his rent to cover both rooms and it's up to him if he wants to stay or leave.
Deal Addict
Nov 2, 2005
3767 posts
1108 upvotes
Ottawa
kobe3k wrote: If this is in Ontario and the building is not rent controlled, just raise his rent to cover both rooms and it's up to him if he wants to stay or leave.
You mean constructive eviction? I'm pretty sure that's illegal but probably also difficult to prove. Hey, if that doesn't work maybe he could bring in some hobo as room mate :facepalm:

Sounds like you'd make a douche of a landlord, the sort that gives the rest of us a bad name.

What's wrong with OP taking responsibility for his bad business choices and doing right by his tenant.
[OP]
Newbie
Apr 2, 2007
5 posts
ottawa
I'm in a trouble situation now. I just raised rent in Sept and have to wait 12 months to make a new raise on rent. Also I asked the existing tenant whether he has friends interested in renting the other room. However, he is not helping at all, appears he enjoys the whole unit by himself.
Deal Addict
Nov 2, 2005
3767 posts
1108 upvotes
Ottawa
uo88man1 wrote: Also I asked the existing tenant whether he has friends interested in renting the other room. However, he is not helping at all, appears he enjoys the whole unit by himself.
That's because you didn't make it worth his while. Try offering him a finder's fee or a discount on his rent.
You could also try advertising for a tenant with the first month or two free.
One way or the other it's going to cost you to fix this unless you get really lucky.
Sr. Member
Mar 3, 2009
736 posts
240 upvotes
Ottawa, ON
uo88man1 wrote: I asked the existing tenant whether he has friends interested in renting the other room. However, he is not helping at all, appears he enjoys the whole unit by himself.
He has no motivation to help. And, quite frankly, I would be enjoying the unit by myself too.

The comments here are good ones. If you want his help, you will have to offer some motivation - first month free for the new tenant or finders fee for the current tenant.

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