Real Estate

Multi Year Residential Lease - Is it month to month after 1st year even on multi year lease

  • Last Updated:
  • Oct 8th, 2020 8:28 pm
[OP]
Newbie
Sep 19, 2012
66 posts
3 upvotes
Calgary

Multi Year Residential Lease - Is it month to month after 1st year even on multi year lease

I'm a landlord and currently have a multi year lease with my tenant ending in 2022.
I've received conflicting information telling me that no matter what in Ontario after the first year of the lease it turns into a month to month lease. This will make a difference if I want to move back into my house before 2022.

Quoted from:
https://pierrecarapetian.com/selling-a- ... d-tenants/

HOW TO SELL A TENANTED PROPERTY IN ONTARIO

When it comes to selling a tenanted property in Ontario, the first thing to know is that if your tenants are still within the first year of their lease, you have to honour the terms of their lease. It’s best to wait to list your property for sale until the end of their year lease or wait to sell the property till they are on a month-to-month lease.

It’s important to note that all leases that continue beyond a year, by law, move to month-to-month even if you and your tenant have signed a subsequent one year lease.
5 replies
Deal Addict
Mar 20, 2017
1261 posts
1015 upvotes
Why are you reading some opinions instead of Residential Tenancy Act? As a landlord, it is nice to read it.
They use inaccurate information in the opinions because they assume that fixed term par is one year. It is not always the case, like in your situation.
During the fixed term, you have restrictions like you mentioned above. And it does not matter whether fixed term is 1 year of 115 years.
You will switch to month-to-month only when fixed term if over and yes, it may take longer than a year.
[OP]
Newbie
Sep 19, 2012
66 posts
3 upvotes
Calgary
This is why I'm asking as I've received advice from multiple sources 2 of them being real estate lawyers with conflicting information.
When calling the landlord tenant board I was told as long as I'm taking back the property in good faith I can do so during any part of the lease as long as I live at the address for 1year after the tenant has moved out
This also was bad information
Jr. Member
User avatar
Jun 3, 2019
172 posts
137 upvotes
GTA
"It’s important to note that all leases that continue beyond a year, by law, move to month-to-month even if you and your tenant have signed a subsequent one year lease."

Wow, an agent has that on their website...and you say that real estate lawyers are giving you conflicting information.

You need to abide by the length of the term of the lease, or give an 'incentive' to the tenants to want to mutually agree to end tenancy. Either that or hope they do something drastic to warrant you taking them to the board for eviction.
Realtor® & Mortgage Agent
[OP]
Newbie
Sep 19, 2012
66 posts
3 upvotes
Calgary
What happens when the lease is up and I want to move back warrant I give 60 days notice before the end of the lease. Technically they can still fight the eviction even though it would be going to a month to month at that point
Jr. Member
User avatar
Jun 3, 2019
172 posts
137 upvotes
GTA
jdm1985 wrote: What happens when the lease is up and I want to move back warrant I give 60 days notice before the end of the lease. Technically they can still fight the eviction even though it would be going to a month to month at that point
You serve the tenants an N12, paying close attention to the dates and instructions on the form. Hopefully they comply and if not you apply for hearing at the LTB.

https://tribunalsontario.ca/documents/l ... ns/N12.pdf

For the majority, if you treat your tenants right, they more they would be willing to reciprocate. Not always but more often than not.
Realtor® & Mortgage Agent

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