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Can a landlord in Ontario require me to sign a new lease?
I have lived in a house for 7 years, I Initially signed a 2 year lease agreement with my landlord. Now he figures the lease and our Initial agreement is not valid anymore. We are in a huge argument because I don't believe it is legal for him to require me to sign a 2 year lease all of the sudden.
Truth is he is re-mortgaging the house and he says he needs me to sign a 2 year lease agreement. He says the bank requires this. I cannot imagine a landlord being allowed to force me to sign a new 2 year lease. Any input?
You must all be landlords answering this.
I am a Tenant, I don't know the law around this, I am researching but having a hard time finding something that applies to this exact situation. I am simply speaking what seems logical for a decent human to human interaction. If the law states "Yes he can" then consider this through the eyes of a tenant.
lets remember, there is a "rental agreement" and a "Lease agreement" The rental agreement states all the do's and dont's while I live here, and is valid through the entire tenancy be it 2 years or 20 years, It is signed and put into effect 7 years ago and is still valid today.
I signed a "Lease agreement" stating a commitment to live here for no less than two years. Now I have fulfilled that commitment. Now, don't think Landlord here, Think Tenant, I gain NOTHING by signing the lease for an additional 2 years. The landlord can sell the property and I'm gone in an instant. The lan
11 Answers
- LandlordLv 78 years agoFavorite Answer
Well he can't hold a gun to your head. he can however tell you to either sign or move out. you have to have the option of leaving if you don't want to sign.
- BillLv 78 years ago
Your original lease term was two years only. After that you have been paying on a month to month basis where either party could terminate the rental with 30 or 60 days written notice(depending on where you live). He needs a current signed 2 year lease to qualify for a new mortgage and if you do not comply then he can and probably will just give you the required notice to move out so he can lease the place to someone else for the 2 years that the lender requires. You are not in a good position to hold out or try to negotiate. Good Luck
- ?Lv 48 years ago
A landlord cannot force you to sign a new lease in Ontario Canada. The terms of your previous lease are automatically renewed on a month to month basis. By the even if the landlord was to sell the property that doesn't necessarily end your tenancy. You would become a tenant of the new owners.
Ontario's Residential Tenancies are covered by the Residential Tenancies Act.
http://www.e-laws.gov.on.ca/html/statutes/english/...
Section 38(1) states:
"38. (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c. 17, s. 38 (1)."
Disputes are dealt with and general information is provided to landlords and tenants by the Ontario Landlord and Tenant Board www.LTB.gov.on.ca 416-645-8080
Source(s): I am an Ontario licensed paralegal who represents landlords and tenants in the Landlord and Tenant Board. - DonaldLv 78 years ago
Of course the landlord can.
You say that your initial lease expired 5 YEARS AGO! Then, at best, the arrangement reverted to a month-to-month arrangement.
He's entitled to say: Either you move out in 30 days, or sign a new lease.
You're entitled to either sign the new lease or move out.
Can the lease be for 2 years? Sure. It's his property. It's his terms and conditions.
His explanation makes sense, too.
I'm not sure why you can't imagine a landlord being allowed to require that you either: (1) sign a new lease, or (2) move out.
Hope that helps.
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- ?Lv 78 years ago
Yes he can force you to sign a lease this is really basic that you need a (current) lease to rent a place. He can choose to have an old lease go month to month as he has but he can also demand a current lease. You can sign it or go somewhere else, possibly you could talk him down to a 1 year lease (bank shouldn't care) if you are not sure you want to be there 2 more years.
- 8 years ago
I am a tenant as well. He can require you to sign a lease or find another place. Some landlords do prefer longer leases, as they know they will be getting rent for a longer time. He probably has to show guaranteed rent in order to get the new mortgage.
It's your choice to stay or go, but it's his house, and it's his terms, unfortunately.
An
- njyogibearLv 78 years ago
obviously he needs a 2-year lease so he can refinance the mortgage. if you don't go along, he can get rid of you and find someone else. why not just sign the lease?
- ThinkerLv 78 years ago
Yes it is legal. He should have had you sign a new one each time the old one expired. Sign it or move out, it is that easy. What is the big deal about it if you are planning on staying anyway?
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By signing the lease you get to stay there an additional 2 years. If he sells the property you lease is still valid and the new owner must honor it.
- Anonymous5 years ago
Almost all of these answers are wrong wrong wrong! I see that this question is about 3 years old, but for others who have a similar question as yours, the current tenancy law in Ontario, Canada is that, after your first least expires, you do not have to move out and you do not have to sign a new lease, nor a lease renewal. If you do not sign a lease, or a renewal, your tenancy becomes month-to-month. This means that you can stay there as long as you want, and when you do decide to move, you must still give 60 days written notice.
Your landlord cannot force you to sign a lease, and if you don't sign it, he cannot kick you out.
The exception is that if he or immediate family needs to live in the house/unit, then he can give you 60 days notice to move. Many landlords have abused this rule and claimed that they need the unit for themselves or immediate family, but they never intend to use it that way, and just get a new tenant. That is illegal and you can take him to the Tribunal (Landlord/Tenant court).
Now if he needs a 2 year lease agreement for his bank to help him remortgage the property and you don't sign it, it is possible that he will not qualify for his mortgage refinance and the bank will foreclose on the property eventually and you will be out anyway! OR, he may have to sell the property and since you have no fixed tenancy anymore (without signing a new lease), the new purchaser of the home can ask for Vacant Possesion and the landlord can serve you with a 60 day notice to end the tenancy. If you have a fixed term (such as if you sign the 2 year lease), your landlordor new purchaser would have to wait until the 2 years were up to be able to take possession of the house.
- LndlrdlisaLv 68 years ago
Yes, he only has to give you 30 days notice.
It is your decision to sign or move.