When Your Ontario Fixed-Term Lease Ends, Do You Have to Move? Understanding Security of Tenure
A one-year lease ending doesn’t mean you must leave — it automatically becomes month-to-month, and a landlord can’t evict just because the term ended
When an Ontario one-year fixed-term lease ends, does the tenant have to move out?
No. The lease ending does not mean you must leave. Per Ontario’s Residential Tenancies Act, 2006, s.38(1), when a fixed-term lease ends and has not been renewed or terminated, the landlord and tenant are deemed to have renewed it as a month-to-month tenancy on the same terms and conditions (rent may be increased lawfully). The tenant need not sign anything to keep living there — until they choose to move out, or the landlord obtains a lawful eviction order from the Landlord and Tenant Board (LTB). A landlord cannot evict simply because the term ended — that’s security of tenure.
Sources: Ontario Residential Tenancies Act, 2006, s.38(1); ontario.ca.
“Arthur, my one-year lease ends next month and my landlord hasn’t mentioned renewing — should I start looking for somewhere to move?” It’s one of the most common misunderstandings I hear from tenants. In many countries, a lease ending means exactly that — you leave. Ontario law is entirely different: when your fixed-term lease ends, it automatically becomes month-to-month and you have the right to stay. This rule is called security of tenure, and it’s a cornerstone of Ontario’s rental system. Here’s how it works and what each side should know.
The core: fixed term ends → automatic month-to-month
Ontario’s Residential Tenancies Act, s.38(1), is explicit: when a fixed-term lease (say the common one-year term) ends, if it hasn’t been renewed with a new agreement or lawfully terminated, the landlord and tenant are deemed to have renewed it as a monthly tenancy, carrying all the same terms and conditions (rent adjustable within legal limits). Note the word “deemed” — this happens automatically by operation of law, with no one signing anything and no action required. On the end date, your lease doesn’t “end”; it seamlessly converts to month-to-month.
Tenants: you sign nothing to keep living there
ℹ️Tenant tip: once you’re month-to-month, if you later want to move, you must give 60 days’ written notice aligned to the end of a rental period. The control is yours, but follow the procedure.
Landlords: the term ending is not a ground to evict
Why the law works this way: security of tenure
Common myth: does "must move out at end of term" in the lease work?
It doesn’t. Some landlords add a clause like “tenant must vacate unconditionally at the end of the term,” or have the tenant sign an N11 at lease signing — these are void, because they try to contract out of the security of tenure the law grants. Ontario law is clear: a fixed term automatically becomes month-to-month, and an N11 signed at the same time as the lease is void. What a landlord can actually rely on is a legal ground plus proper process — not a homemade clause in the contract.
⚠️Landlord tip: a “must vacate at end of term” clause or an N11 signed on lease-signing day are both void. Want to swap tenants at term-end? The law has closed that road — use a legal ground plus the LTB process.
Frequently Asked Questions
My one-year lease is ending and my landlord hasn’t mentioned renewing — must I move?
No. Per Ontario’s RTA s.38(1), a fixed term that isn’t renewed or terminated automatically becomes month-to-month on the same terms. You sign nothing to stay, until you choose to move out or the landlord obtains a lawful eviction order.
Once I’m month-to-month, can my landlord raise the rent?
Yes, but lawfully. Month-to-month tenants are still subject to Ontario’s annual rent-increase guideline. The landlord must use the proper notice (N1) with 90 days’ written notice, only once in 12 months, and no more than that year’s guideline (unless it’s an exempt unit or an approved above-guideline increase).
Can my landlord evict me because the lease expired?
No. In Ontario, the term ending is not, by itself, an eviction ground. To lawfully recover the unit, a landlord needs a legal ground (e.g. good-faith own use N12, major repairs N13, arrears N4) and must go through the LTB — not just “it expired.”
What if I want to move out when my lease ends?
You can — but even at the original end date, as a tenant (about to convert to) month-to-month, you must give 60 days’ written notice aligned to the end of a rental period. Don’t assume you can simply walk away on the end date without notice.
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite
VP & Branch Manager, Bay Street Group Inc.
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