Lease Renewel (RTA)(Implied)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-09-29
CLNP Page ID:	2269
Page Categories:	[Payment of Rent (LTB)], [Contract Law, Leases, & Sub-Letting (LTB)]
Citation:	Lease Renewel (RTA)(Implied), CLNP 2269, <https://rvt.link/8b>, retrieved on 2024-09-29
Editor:	Sharvey
Last Updated:	2023/08/30

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Residential Tenancies Act, 2006, S.O.

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).

(2) If the period of a daily, weekly or monthly tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another day, week or month, as the case may be, with 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 (2).

(3) If the period of a periodic tenancy ends, the tenancy has not been renewed or terminated and subsection (2) does not apply, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy, with 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 (3).

TSL-72954-16 (Re), 2016 CanLII 44293 (ON LTB)

1. Tenants’ counsel raised two preliminary motions.

2. First, the Tenants submit that the Landlord gave the Tenants a Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (the ‘N12 notice’) by affixing the N12 notice to the door to the unit and, as this is not a method of service that is acceptable under the Residential Tenancies Act, 2006 (the 'Act') or Rules of Practice, the application must be dismissed.

3. Second, the Tenants submit that, as the parties entered into a one-year tenancy agreement for the period January 1, 2016 to December 31, 2016, the termination date stipulated by the N12 notice herein, that is June 30, 2016, is not the last day of the rental period as required by the Act and the application must be dismissed.

...

13. KS further testified that every year, since the outset of the tenancy, FT asked the Tenants for twelve post-dated cheques “as a renewal of the lease”. In November 2015, FT asked the Tenants for twelve post-dated cheques for the rent payments for the months of January 2016 to December 2016. KS stated that when he spoke with FT in November 2015, he understood that the parties agreed to a “one-year renewal” and he had no “reason to suspect that the lease was terminated”.

...

20. FT provided direct testimony via telephone. On direct examination, FT testified that there was not a written renewal of the initial written tenancy agreement and that the tenancy, at the material time, was month-to-month. FT added that either party could terminate the tenancy with “three months’” notice. FT testified that KS gave cheques to the Landlord in December 2015, but she did not know if the cheques “went to December 2016.”

21. On cross-examination, FT testified that the Tenants always provided cheques “for the whole year” but, on occasion, KS would call saying that he would require “a couple of days” for a cheque to clear. When FT was asked if KS gave her twelve cheques for 2016 in November 2015, she testified “He gave me cheques until March. I wanted cheques for January to December. There was an issue with the rent increase in March so I gave him back the cheques.” FT went on to state that, while she is unsure about this point, KS provided new cheques up to March 2016.

22. When asked the purpose of the Tenants providing cheques for the entire year in advance, FT testified “He was supposed to stay there until the cheques…”