Leases
Month-to-Month Tenancies in Ontario Explained
Explains how a fixed-term lease automatically becomes month-to-month rather than simply expiring, the 60-day/end-of-period notice rule to end it, and how rights compare to a renewed fixed term.
Key Takeaways
- When a fixed-term lease ends in Ontario, it generally doesn’t just expire — if nothing else happens, it automatically becomes a month-to-month tenancy.
- A month-to-month tenancy continues indefinitely until either the landlord or the tenant gives proper notice to end it.
- A tenant generally needs to give at least 60 days’ notice to end a month-to-month tenancy, and that notice generally has to end on the last day of a rental period.
- Moving from a fixed term into a month-to-month tenancy doesn’t generally reduce a tenant’s rights — the same protections under the Residential Tenancies Act continue to apply.
- A landlord generally can’t end a month-to-month tenancy just because they’d prefer a new fixed-term lease or a different tenant — they still need a legally recognized reason.
- Rent increase rules generally continue to apply the same way during a month-to-month tenancy as they did during the fixed term.
What a month-to-month tenancy actually is
A month-to-month tenancy is a residential tenancy with no fixed end date. Instead of running for a set term — one year, for example — it simply continues, rental period after rental period, until either the landlord or the tenant properly ends it by giving the required notice. For most tenancies, a rental period is a calendar month, which is where the name comes from, though some tenancies run on a different rental period, such as weekly.
Month-to-month tenancies are extremely common in Ontario, and not just among tenants who deliberately chose one from the outset. In fact, the single most common way a tenancy becomes month-to-month is almost accidental: a fixed-term lease simply reaches its end date, and nobody does anything about it.
A landlord and tenant can also agree to start a tenancy on a month-to-month basis from day one, without ever signing a fixed-term lease at all. This is common in situations where either side wants flexibility from the outset — a tenant who isn’t sure how long they’ll need the unit, or a landlord who wants to keep options open for a property they might sell or renovate. Whether a month-to-month tenancy arises this way or through the automatic conversion described below, the legal rules that govern it are the same.
What happens automatically when a fixed term ends
A common misconception is that a fixed-term lease simply expires on its end date, the way a membership or a subscription might lapse. That’s generally not how it works for residential tenancies in Ontario. If a fixed-term lease ends and neither the landlord nor the tenant takes further action — no renewal is signed, no notice to end the tenancy is given, and no new agreement is reached — the tenancy generally doesn’t end at all. It automatically continues as a month-to-month tenancy, on the same terms and conditions as the expired lease, simply by operation of law.
This matters because it means doing nothing is not a neutral choice. A tenant who assumes they can just “let the lease run out” and leave without any notice may be surprised to learn that the tenancy didn’t actually end — it kept going, and the tenant may still owe notice obligations before moving out. Likewise, a landlord who assumes a fixed term ending means the tenant must leave, or must sign a new lease, is generally mistaken; the tenant is generally entitled to simply continue on a month-to-month basis if they choose to.
Worth knowing
How a month-to-month tenancy ends
Because a month-to-month tenancy has no built-in end date, it only ends when one side takes the formal step of giving proper notice. For a tenant who wants to move out, this generally means giving the landlord at least 60 days’ written notice, timed so that the termination date falls on the last day of a rental period — for most tenancies, the last day of a calendar month.
This timing requirement trips people up more often than the 60-day length itself. Giving notice on, say, the 10th of the month doesn’t simply create a termination date exactly 60 days later if that date doesn’t land on the end of a rental period — the notice generally needs to be structured so the tenancy actually ends at the close of a full rental period, which in practice often pushes the effective moving date out further than a simple 60-day count might suggest.
A landlord ending a month-to-month tenancy generally faces a higher bar: notice alone isn’t enough. The landlord still generally needs a legally recognized ground for ending the tenancy — such as the landlord’s own use, demolition, conversion, or another basis set out in the Residential Tenancies Act — and must use the notice form and timeline that corresponds to that specific ground. A landlord generally cannot end a month-to-month tenancy simply because the fixed term is over, or because they’d prefer a different tenant.
Your rights don’t change once you’re month-to-month
It’s worth being clear that moving from a fixed-term lease into a month-to-month tenancy is not a downgrade in legal protection. The same Residential Tenancies Act framework that applied during the fixed term continues to apply afterward — the same maintenance obligations, the same rules around entry and notice, and the same grounds (and restrictions) around ending the tenancy. The practical content of the tenancy — the unit, the rent, the rules — generally carries forward unchanged from whatever was in place under the original lease, unless the parties agree otherwise.
What changes is really just the absence of a fixed end date. A fixed-term tenant knows the lease runs until a specific date; a month-to-month tenant’s tenancy simply continues indefinitely, period after period, until someone properly ends it.
This also means the grounds a landlord can rely on to end a month-to-month tenancy are the same grounds available during a fixed term, such as non-payment of rent, the landlord’s own use, or significant interference with other tenants — not some separate, looser set of rules that apply just because there’s no fixed end date in play. A tenancy becoming month-to-month is not, by itself, a weaker form of tenancy.
Rent increases during a month-to-month tenancy
Rent increase rules generally continue to apply in the same way once a tenancy becomes month-to-month. For tenancies subject to the province’s annual rent increase guideline, the same minimum interval between increases and the same notice period requirements generally continue to govern, regardless of whether the tenancy is currently under a fixed term or running month-to-month. A landlord generally can’t use the transition to month-to-month as an opportunity to increase rent outside of these normal rules.
Some landlords offer a lower rent, or other incentives, specifically in exchange for a tenant signing a new fixed-term lease rather than continuing month-to-month. That kind of offer is generally a matter of negotiation rather than a legal requirement — a tenant is generally free to decline and remain on a month-to-month basis, and a landlord is generally free to decide whether a particular incentive is still worth offering once the tenant has made that choice.
Fixed-term lease vs. month-to-month: the practical differences
The core practical difference between a renewed fixed-term lease and a month-to-month tenancy comes down to certainty and flexibility. A fixed-term lease, including a renewed one, commits both sides to a specific period — generally, neither side can end it early without the other’s agreement or a recognized legal ground, which gives a tenant certainty about how long they can stay, and gives a landlord certainty about occupancy for that period.
A month-to-month tenancy trades that certainty for flexibility: either side can end the tenancy with proper notice, without needing to wait for a specific date to arrive. For some tenants, this flexibility is genuinely preferable; for others, the lack of a guaranteed term feels less secure, even though the underlying legal protections against an improper eviction are the same either way.
For a closer look at how tenancies come to an end more generally — including notice requirements, mutual agreements to end a tenancy, and other scenarios beyond the simple month-to-month case — see our guide to ending a lease agreement in Ontario. This article is general information about how month-to-month tenancies work in Ontario, not legal advice for a specific tenancy; our tools and contact pages can help if you’re looking for next steps.
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FAQ
Frequently asked questions
What happens when my fixed-term lease ends in Ontario?
If neither the landlord nor the tenant takes action, a fixed-term lease generally doesn’t just expire — it automatically continues as a month-to-month tenancy on the same terms as before, unless the lease included a different mechanism, such as a specific renewal process, that was actually followed.
Do I need to sign a new lease when my tenancy becomes month-to-month?
No. The transition to a month-to-month tenancy generally happens automatically by operation of law once the fixed term ends, without needing a new signed document, unless both the landlord and tenant agree to something different, such as a new fixed-term lease.
How much notice do I need to give to end a month-to-month tenancy?
A tenant generally needs to give the landlord at least 60 days’ written notice, and that notice generally has to be set up so the tenancy ends on the last day of a rental period, which for most month-to-month tenancies means the last day of a calendar month.
Can a landlord end a month-to-month tenancy just by giving 60 days’ notice?
Generally not simply because they feel like it. A landlord ending a tenancy generally still needs a legally recognized reason, such as the landlord’s own use, demolition or renovation, or another ground set out in the Residential Tenancies Act, along with the notice period and form that corresponds to that specific reason.
Does my notice period change if I pay rent weekly instead of monthly?
The required notice period and timing rules can differ depending on how the tenancy is structured, so it’s worth confirming the specific rules that apply to your actual rental period rather than assuming the standard 60-day, end-of-month rule automatically applies in every case.
Do I lose any rights when my lease becomes month-to-month?
No. A month-to-month tenancy is governed by the same Residential Tenancies Act protections as a fixed-term tenancy — the same rules apply to maintenance, rent increases, notice requirements, and grounds for ending the tenancy. The main practical difference is the absence of a fixed end date.
Can my landlord raise the rent more often once I’m month-to-month?
Generally not. Rent increase rules, including the minimum interval between increases and the required notice period, generally continue to apply the same way during a month-to-month tenancy as they did during a fixed term, for tenancies subject to those rules.
Can a landlord force me to sign a new fixed-term lease instead of staying month-to-month?
A landlord generally can’t force a tenant to sign a new lease. A tenant can generally choose to continue on a month-to-month basis after a fixed term ends, and a landlord ending the tenancy solely because the tenant declined to sign a new lease can raise concerns depending on the specific circumstances.
What’s the difference between a renewed fixed-term lease and a month-to-month tenancy?
A renewed fixed-term lease sets a new defined end date and generally can’t be ended early by either side without agreement or a recognized legal ground, similar to the original term. A month-to-month tenancy has no end date at all and simply continues until proper notice is given by either party.
Can I give notice partway through a month and move out two months later?
The required 60 days’ notice generally needs to be structured so the tenancy ends on the last day of a rental period, which commonly means the end of a calendar month for monthly tenancies — so the practical effect is usually that notice given partway through a month extends to the end of the following full notice period, not exactly 60 calendar days from the date given.
Can a landlord refuse to accept my notice to end a month-to-month tenancy?
A landlord can’t simply refuse a properly given notice that meets the required form, length, and timing, though disputes sometimes arise over whether notice was actually valid. Giving notice in writing, with a clear termination date, generally reduces the chance of this kind of disagreement.
What happens if I keep paying rent after giving notice to move out?
Generally, once valid notice is given and both parties understand the tenancy will end on a specific date, the tenancy is expected to end on that date, and continuing to pay rent afterward doesn’t automatically restart a new tenancy — though the specific facts and any communication between the parties can matter.
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