As I understand it based on my reading of the Residential Tenancies Act
1. At the end of a lease Landlord and Tenant automatically enter into a month-to-month agreement unless
a. The landlord has reason to evict
b. The landlord would like to rent to family
c. The landlord would like to sell or complete major modifications to the house
d. The landlord and tenant enter into a new lease
2. Part V subsection 4 reads: " An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into, at the time the tenancy agreement is entered into; or as a condition of entering into the tenancy agreement. 2006, c. 17, s. 37 (5)."
3. Then suppose a contract was signed with the following move out clause: "All tenants must agree to be fully moved out of the Property by the date given in this Lease Agreement and will not have ownership rights to any items left behind after that date"
I assume that the wording of the clause in (3) is acting as a termination of tenancy so based off of (2) it should be void. Then, at the end of Lease period based on (1) the rentor and landlord would enter into a month-to-month contract.
4. During the month-to-month period the rent should be limited in increase during the month-to-month period by Part VII.
Is my reading of this act correct?
I'll try and make clear a couple of things.
- I understand that the tenancy can end if one of the above cases is true (a-d). 2a. The updated (2) seems to suggest to me that at the time the rental agreement was signed it cannot contain an agreement to terminate the tenancy. 2b. I assume that a "move-out date" clause in a lease agreement is the equivalent to a termination of tenancy agreement.
- So if at the end of the lease period, if a termination was in the original contract, which it shouldn't have been the landlord and rentor would enter into (1) month-to-month agreement unless a termination notice is submitted for one of the (a-d) reasons.
- It is completely (and likely) possible that there is a condition on this page that says you have to leave at the end of a fixed term lease but I can't find it. At least not without cause.