When a Tenant Ends the Tenancy in Ontario: N9, N11 and Abandoned Units

01

How much notice does a tenant have to give in Ontario?

Under section 44 of the Residential Tenancies Act, 2006 (RTA), the notice period depends on how rent is paid. The LTB says tenants must use Form N9 to give notice.

• Monthly tenancy: at least 60 days, ending on the last day of a rental period (the last day of a month if rent is due on the 1st).
• Fixed term (for example, a one-year lease): at least 60 days before the lease ends, and the termination date cannot be earlier than the last day of the term.
• Yearly tenancy: at least 60 days, ending on the last day of a yearly period.
• Daily or weekly tenancy: at least 28 days, ending on the last day of a rental period.

Example from the LTB: a monthly tenant who gives notice on August 15 can choose October 31 at the earliest. Don't count the day the notice is delivered; do count the termination date. A mailed notice needs 5 extra days (65 instead of 60, or 33 instead of 28), according to the LTB.

02

Are there exceptions to the 60-day rule?

• February and March: a tenant can end the tenancy on the last day of February by giving notice no later than January 1, or on the last day of March by giving notice no later than February 1 (s. 44(5)).
• Fear of sexual or domestic violence and abuse: a tenant can end a monthly, yearly or fixed-term tenancy with 28 days' notice using Form N15. The notice must come with the court order or tenant statement set out in sections 47.1 and 47.3.
• Care homes: a tenant can give 30 days' notice at any time (s. 145), and can also give a 10-day notice to stop care services and meals.
• Assignment refused: if you refuse a tenant's request to assign the unit, the tenant can give an N9 with at least 30 days' notice (28 for daily or weekly tenancies). The date doesn't have to be the end of a period or term.
• After your N12 or N13: the tenant can leave sooner with at least 10 days' notice on an N9.
• No standard lease: if a tenancy that began on or after April 30, 2018 required the standard lease and the tenant demanded it in writing without getting it, the tenant can end a fixed term early, on the last day of a rental period.

03

How does an N11 agreement to end the tenancy work?

Section 37(3) of the RTA says no notice is needed if the landlord and tenant agree to end the tenancy. The N11 (Agreement to End the Tenancy) records the agreed termination date and is signed by both of you. The LTB says the N11 form is optional and an oral agreement is possible, but the L3 application requires a written agreement, so put it in writing.

An N11 or N9 is void if the tenant was required to sign it when the tenancy agreement was made or as a condition of renting the unit (s. 37(4)-(5)). Narrow exceptions apply to certain student housing and some care homes. Both parties should keep a copy.

04

What if the tenant gave notice or signed an N11 but doesn't move out?

Section 77 lets you apply to the LTB on Form L3 without notice to the tenant. According to the L3 instructions:

1. You can file as soon as the tenant gives you the N9 or you both sign the agreement. You don't have to wait for the termination date.
2. Include the L3, a copy of the N9 or written agreement, and a signed declaration or sworn affidavit confirming it, plus the filing fee. The LTB will refuse the application if any of these are missing.
3. File no later than 30 days after the termination date, or the LTB may dismiss the application.
4. Any order will not take effect before the termination date in the notice or agreement.
5. The tenant can bring a motion to set the order aside within 10 days after it is issued, which stays the order until a hearing.

For what happens after an order is issued, see our eviction process guide.

05

What can a landlord do if a tenant abandons the unit?

Section 39 says a landlord can recover possession only if the tenant has vacated or abandoned the unit, or the LTB has ordered an eviction. You have two routes:

1. Apply for an order. Section 79 lets you apply to the LTB to end the tenancy if you believe the tenant abandoned the unit. This is Form L2 (Reason 2). You must explain why you believe the unit was abandoned, and the tenant must also be in arrears of rent.
2. Give notice of your intention to dispose of property. Under section 42(1)(b), give the tenant and the LTB notice that you intend to dispose of the property left behind.

The RTA does not define what counts as abandonment, so if you are unsure, the L2 route gets you a Board order instead of relying on your own judgment.

06

What happens to belongings the tenant left behind?

The rules depend on how the tenancy ended.

• Tenant left under an N9, an agreement or a Board order: section 41 lets you sell, keep or dispose of what is left. After an eviction order is enforced, you must wait 72 hours and make the belongings available nearby during that time.
• Abandoned unit (s. 42): you may dispose of unsafe or unhygienic items immediately. For everything else, you have to wait 30 days after getting the s. 79 order or giving notice to the tenant and the Board.
• If the tenant tells you within those 30 days that they will remove their property, you must make it available at a reasonable time and at a location close to the unit. You can require them to pay rent arrears and reasonable moving, storage or securing costs first.
• If you sell items and the tenant claims them within six months, you must pay them the sale proceeds minus your reasonable out-of-pocket costs and any rent arrears.

07

Does a landlord have to try to re-rent the unit?

Yes. Section 16 imposes a duty to take reasonable steps to minimize losses. Under section 88, a tenant who leaves without proper notice owes rent only until the earliest termination date a proper notice could have set. If you sign a new tenant first, the amount is capped at rent up to the date the new tenant can move in. The Board considers whether you took reasonable steps to minimize losses. For how the deposit fits in, see our last month's rent guide.