What happens when a tenancy expires?

In British Columbia, Ontario and PEI, a tenant who stays carries on month to month on the same terms, with no set end date. In Alberta and New Brunswick, the tenant can stay if the landlord accepts rent, which starts a new periodic tenancy. In Nova Scotia the tenant can stay with the owner's consent. In Newfoundland and Labrador the tenancy continues on the same terms until someone gives notice. In Manitoba, a renewal is deemed in some cases, and in Saskatchewan the tenant must accept the landlord's renewal offer in writing or leave at the end.

This is SQRFT's practical advice, not a legal rule. About three months before the end date, decide whether you want to stay. If you do, ask the landlord in writing what happens next, and keep paying rent on time. If you plan to leave, check your province's notice rule (the table above) and give written notice. See a letter to tell your landlord you are not renewing.

Usually the old terms carry on. In Ontario, British Columbia and PEI the tenancy rolls to month to month; in Newfoundland and Labrador it continues on the same terms; in Alberta and New Brunswick a new periodic tenancy starts if the landlord accepts rent. In Manitoba the landlord should have offered a renewal 3 months before the end, and if not, the tenancy is deemed renewed in some cases. In Saskatchewan, a landlord who skips the notice process may face a hearing officer who can continue the tenancy as periodic.

A landlord can often decline to renew, but the reasons and notice differ by province. In Newfoundland and Labrador, a landlord can give 3 months' notice before the end of a fixed term with no reason, while in Ontario, British Columbia and PEI a landlord needs a ground the law allows. See whether a landlord can refuse to renew a lease.

In Manitoba, at least 3 months before a fixed term ends. In Saskatchewan, the landlord serves written notice at least 2 months before the end, saying whether and on what terms a new agreement is offered. In the other provinces we reviewed, we found no deadline for offering a new lease, because the old terms carry on or a new periodic tenancy starts. Ontario's rule on the standard lease applies at the start of a tenancy.

A new lease is a fresh written agreement, usually for another fixed term. You do not have to sign one where the old terms carry on, as in Ontario, British Columbia and PEI. A landlord cannot make a BC tenant who wants month to month sign a new fixed term. If you sign a new fixed term, you are bound by it; read the rent and term first, and see whether a landlord can change a lease agreement.

Generally not alone. In the provinces we reviewed, terms change by agreement, except lawful rent increases and, in Nova Scotia, reasonable rule changes on four months' notice before the anniversary date. Rent increases follow their own notice rules. See whether a landlord can raise the rent anytime.

A fixed-term lease generally cannot be ended early without the landlord's agreement or a ground in the Act; in Alberta, for example, it ends early only by agreement or for cause. If you have not signed yet, you do not have to. In Ontario, if the landlord never gave you the standard lease, you can end a fixed term on 60 days' notice. See how to get out of a lease agreement.

It depends. In Alberta no notice is needed to end a fixed term. In Newfoundland and Labrador a tenant on a fixed term gives 2 months. In Manitoba the tenancy ends on the end date unless you return the signed renewal. In British Columbia, Ontario and PEI the tenancy rolls to month to month, so this is SQRFT's advice: give the usual written notice if you want to leave. See how many days notice to give your landlord.

The Act covers a tenancy even without a signed lease: Alberta, British Columbia, Manitoba, Ontario, Nova Scotia and Newfoundland and Labrador cover oral or implied agreements. Written leases are still required in some places: British Columbia requires a written agreement for tenancies since January 1, 2004, Saskatchewan only for fixed terms of three months or longer, New Brunswick a lease on the Standard Form, Nova Scotia the standard form of lease, and PEI a landlord-prepared written agreement for tenancies since April 8, 2023. See whether you can rent without a contract.

The lease term is the length of time the agreement is set to run. A fixed term has an end date, such as one year, while a periodic tenancy, often month to month, has no end date and runs until someone gives proper notice. Newfoundland and Labrador's Act sets a 6-month minimum for a fixed term, and the Saskatchewan government says fixed terms there run from three months to less than 20 years; for the other provinces covered here we found no set minimum or maximum length, so check your lease and your province's tenancy office.

For a fixed term, it depends on the province. In Alberta no notice is needed from either side because the term ends on its end date, and a New Brunswick fixed-term lease ends automatically, although in both provinces a tenant who stays while the landlord keeps accepting rent with no new agreement ends up in a periodic tenancy. In Manitoba the landlord must offer a renewal at least 3 months before the end, in Saskatchewan the landlord must serve a written notice of intentions at least 2 months before, and in Newfoundland and Labrador a landlord who wants the tenancy to end gives 3 months' notice before the term ends. In British Columbia (apart from a valid vacate clause), Ontario and PEI the tenancy rolls to month to month, so a landlord who wants it to end needs a ground the law allows; see can a landlord refuse to renew a lease.

A lease extension is an agreement to keep renting, either for a new fixed term or by carrying on month to month. Where the old terms carry on by themselves, as in British Columbia, Ontario and PEI, you need a new agreement only if you want a new fixed term. SQRFT advice, not law: write to your landlord a few months before the end date (Manitoba's landlord must offer a renewal 3 months ahead and Saskatchewan's must give notice 2 months ahead), say how long you want to stay, and get the answer in writing. Check your province's rent increase rules before agreeing to a higher rent in a new lease, and note that in Nova Scotia the rent cap also applies when a landlord signs a new fixed-term lease with an existing tenant.

It depends on the province. In British Columbia (apart from a valid vacate clause), Ontario and PEI the tenancy carries on month to month on the same terms, and a British Columbia landlord cannot make a tenant who wants month to month sign a new fixed term. In the Ontario sections and the PEI s.61(1) for-cause grounds we reviewed, we found no termination ground for refusing to sign a new lease. In Alberta and New Brunswick the fixed term ends, and a tenant who stays while the landlord accepts rent starts a new periodic tenancy. In Nova Scotia the lease does not renew itself and becomes month to month if the tenant stays with the owner's consent, and in Newfoundland and Labrador the tenancy continues on the same terms unless someone gives notice.

Manitoba and Saskatchewan are stricter: the Manitoba tenant must sign and return the landlord's renewal offer at least 2 months before the end or the tenancy ends on the end date, and the Saskatchewan tenant must accept the landlord's notice in writing within one month or leave at the end of the term. If a landlord says a refusal is a reason to end your tenancy, ask your tenancy office; see can a landlord refuse to renew a lease.