The Residential Tenancies Act (RTA) assumes a tenant will move out at the end of the lease unless the landlord and tenant make other arrangements. Under the RTA, neither the landlord or tenant is required to provide each other with a written notice when ending a fixed term lease. But it is considerate for both landlords and tenants to provide notice before ending a fixed term lease.
At least one month before the lease end date, the tenant and landlord should discuss whether the tenant wants to stay. If the tenant wants to stay, a new lease needs to be signed between the landlord and tenant. However, the landlord does not have to agree to a new lease. The tenant must move out by the lease end date if the landlord does not agree to sign a new lease.
There are two situations where a tenant can continue to stay in the rental unit without signing a new lease. The first is where the original lease includes a provision that allows the tenancy to be renewed without notice after the lease ends. If the tenant chooses to stay, the tenancy becomes a periodic tenancy. The second situation is where a tenant continues to lives in the rental property after the lease ends and the landlord continues to accept rent from the tenant. The fixed term lease becomes a periodic tenancy in this situation.
June 2021
