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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Landlord & Tenant Rights Ontario » Evictions & Rent Disputes Ontario » Evicting a Tenant Who Refuses to Sign a New Lease Agreement After Expiry in Ontario

Evicting a Tenant Who Refuses to Sign a New Lease Agreement After Expiry in Ontario

14 Jun 2026 5 min read No comments Evictions & Rent Disputes Ontario
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In Ontario, it is illegal for a landlord to evict you simply because your lease has expired and you refuse to sign a new one. Under the Residential Tenancies Act (RTA), all fixed-term leases automatically convert into month-to-month tenancies with the exact same terms and conditions. You are under no legal obligation to sign a new contract.

One of the most common misunderstandings in Ontario real estate occurs when a one-year residential lease comes to an end. Many tenants in cities like Toronto, Ottawa, and Hamilton receive intimidating letters from their landlords, demanding they either sign a brand-new one-year lease (often with a steep rent increase) or pack up and move out. For a renter, the threat of losing their home can cause immense anxiety.

However, Ontario law heavily favours the tenant in this scenario. 📖 Security of tenure is a foundational principle of the Residential Tenancies Act (RTA). When your fixed-term lease expires, you do not lose your housing rights. The lease simply rolls over into a statutory month-to-month tenancy. The landlord cannot force you to sign a new fixed-term agreement, nor can they use the expiry of the lease as grounds for eviction at the Landlord and Tenant Board (LTB).

Step-by-Step Process in Ontario for Lease Expiries

If your landlord is pressuring you to sign a new lease and threatening eviction, it is vital to know how to respond calmly and legally. Following these steps will help you protect your tenancy and prevent an illegal eviction.

Step 1: Acknowledge the Automatic Conversion

When the final day of your lease arrives, you do not need to do anything to trigger the month-to-month conversion. 📅 It happens automatically by operation of law. All the original rules of your lease-such as parking spaces, utility inclusions, and pet clauses-remain entirely intact and legally binding on both you and the landlord.

Step 2: Understand Legal Rent Increases

A landlord might try to use a new lease to bypass rent control. Under the RTA, a landlord can only increase your rent once every 12 months, and they must give you 90 days’ written notice using an official LTB Form N1 (or N2 if the building is exempt from rent control). If they hand you a new lease with a 10% rent increase hidden inside, you can legally refuse to sign it.

Step 3: Politely Decline the New Lease

If the landlord presents a new contract, communicate your refusal in writing. 📧 Send a polite email stating, “Thank you for the offer, but I have decided to continue my tenancy on a month-to-month basis as per my rights under the Residential Tenancies Act.” This creates a paper trail showing you intend to stay.

Step 4: Continue Paying Your Regular Rent

Do not withhold rent just because you are in a dispute over signing a new document. Continue paying your current, legal rent amount on the first of every month. If the landlord refuses to accept your cheque or e-transfer because you won’t sign the new lease, keep the money safely in a separate bank account so you can prove you attempted to pay.

Step 5: File a Form T2 for Harassment

If the landlord relentlessly bullies you, issues fake eviction notices, or threatens to change the locks because you refused the new lease, you can fight back. 📄 You have the right to file a T2 Application (Application about Tenant Rights) with the Landlord and Tenant Board, citing harassment and coercion.

How Much Does it Cost in Ontario?

Defending yourself against an illegal eviction attempt does not have to be an expensive ordeal. Here are the typical financial considerations for tenants in 2026:

  • Signing a Month-to-Month Lease: $0 CAD. There are no fees to let your lease roll over automatically.
  • LTB T2 Filing Fee: It currently costs $53 CAD to file a harassment or tenant rights application online. Low-income tenants can request a fee waiver.
  • Paralegal Representation: If your landlord files a baseless eviction application and you need representation, hiring an Ontario paralegal generally costs between $600 and $1,500 CAD.
  • Illegal Eviction Fines: If a landlord illegally locks you out for refusing a new lease, the LTB can order them to pay you thousands of dollars in rent abatement and general damages, and the province can fine the corporate landlord up to $250,000 CAD.
Landlord’s DemandTenant’s Legal Right in OntarioAction to Take
“Sign a new 1-year lease or move out.”The lease converts to month-to-month automatically.Politely decline in writing and keep paying regular rent.
“The new lease includes a $200 rent increase.”Increases require a 90-day N1/N2 notice, not a new lease.Refuse the new lease. Pay the old rent until a valid N1 is served.
“You must sign a new lease because I am selling the house.”A property sale does not break an existing tenancy agreement.Do nothing. The new buyer inherits your month-to-month tenancy.

How Long Does the Process Take?

The transition to a month-to-month tenancy is instantaneous. At midnight on the final day of your lease, your status legally shifts without a single signature required.

If the landlord retaliates by filing a bad-faith eviction application at the LTB, you will have to wait for a hearing. 📅 As of May 2026, the LTB still faces significant backlogs. It can take anywhere from 5 to 9 months to get a hearing date. During this entire waiting period, you have the absolute legal right to remain in your home.

Frequently Asked Questions (FAQ)

Can a landlord ever force me to leave at the end of a lease?

Only for specific, legally valid reasons. For example, if they wish to move in themselves (or move in an immediate family member), they must serve you a Form N12 with 60 days’ notice and pay you one month’s rent in compensation. The simple expiry of a lease is never a valid reason.

What if I actually want to sign a new fixed-term lease?

You are welcome to negotiate a new one-year lease if you prefer the added security. A new fixed-term lease protects you from an N12 “landlord’s own use” eviction for the duration of that year. However, ensure the landlord doesn’t sneak illegal clauses or massive rent hikes into the new contract.

How much notice do I have to give if I want to move out while month-to-month?

Once you are on a month-to-month tenancy, you must provide the landlord with 60 days’ written notice before moving out. You must use the official LTB Form N9, and the termination date must be the last day of a rental period (usually the end of the month).

Can the landlord take away my parking spot on a month-to-month lease?

No. When a lease converts to month-to-month, all the amenities and services included in the original lease are grandfathered in. If the landlord takes away a service, you can file a T3 application for a permanent rent reduction.

What if the landlord sends an N11 form instead?

An N11 is an “Agreement to End the Tenancy.” It is a mutual agreement. You should never sign an N11 unless you actually want to move out or the landlord has offered you a substantial financial buyout (Cash for Keys) that you are happy with.

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