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Ask the Lawyer: Can a landlord evict a month-to-month tenant in good standing?

A reader asks: “I’ve been a tenant in the same condo for two years, but I’m now month to month.  The landlord hasn’t renewed my lease. (He’s a doctor in another country, but its managed by a management company). They’ve asked me to leave. If I want to stay, even though I’m month to month, and if I’m in good standing, they can’t evict me, right?”

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Richard Hoffman answers: “A condominium unit owner that rents out their unit is a landlord and is therefore bound by the Residential Tenancies Act. Therefore, they must comply with the provisions with respect to termination of tenancies. The act is very clear as to a tenant’s rights in a month to month tenancy. This tenant enjoys the protection of these provisions and the landlord must comply with the provisions of the Residential Tenancies Act if they want to evict this tenant.  

“I would urge this tenant to review the Residential Tenancies Act to determine on what grounds a landlord can evict a tenant.”

 

RICHARD P. HOFFMAN

Richard Hoffman has been a member of DelZotto, Zorzi LLP since 1992, practicing in the area of condominium law. He has represented condominium corporations and unit owners through all stages of the litigation process and at all levels of Ontario Courts (Superior Court of Justice, Divisional Court and Court of Appeal). He is well experienced in handling all types of condominium litigation, from applications to enforcing compliance with declarations, by-laws or rules, to handling multi-million dollar claims for budget misrepresentation. He has also advised condominium corporations of various sizes on all facets of condominium law.

Richard is presently a member of the Canadian Condominium Institute and regularly lectures on contract and agency law in the condominium context at Humber College, as well, he is a regular contributor to various condominium magazines and has contributed to the condominium section of the Toronto Star.

 

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