Retirement Homes - Frequently Asked Questions

I live in a retirement home and I want to move out. Do I have to give notice to my landlord?

Yes, you have to notify your landlord in writing that you are terminating your tenancy. According to the Residential Tenancies Act, if you live in a care home, you only have to give your landlord 30 days notice. The 30 day notice period begins the day you give the landlord a written notice. If you leave before the 30 days are up, in most cases you do not have to pay for services from your landlord. If you move out and your landlord is able to rent to someone else before the 30 days is up, you are not responsible for paying for those days during which your apartment or room has been re-rented. The notice to your landlord must identify your room or apartment, state the date of termination, and must be signed by you.

 

I live in a rental apartment and I want to move out. Do I have to give my landlord a notice?

If you live in an ordinary apartment or other rental accommodation where you do not pay for care services or meals from your landlord, you must give your landlord a notice in writing to end your tenancy. If you pay rent by the month and do not have a fixed term lease (for example, for one year) you must give a 60 day notice. The 60 day period begins on the first day of the beginning of the next rental period, not from the day you give the notice to your landlord. For example, suppose you rent an apartment on a monthly basis and pay your rent on the first day of each month. If you decide on April 15th that you want to end your tenancy, you must give your landlord a 60 day notice. The 60 day period begins on May the 1st and runs until the end of June. If you move out early and your landlord is able to re-rent your apartment before the 60 days is up, you do not have to pay for the days it has been re-rented. The notice to your landlord must identify your room or apartment, state the date of termination, and must be signed by you.

If you have a lease for a fixed term, you cannot terminate your tenancy before the end of the term unless your landlord agrees to it or you get an order from the Ontario Landlord and Tenant Board to end your tenancy. Otherwise, a 60 day notice to your landlord is required to terminate a fixed term tenancy at the end of the term.

 

I live in a retirement home and recently had to go to the hospital. The retirement home has told the social worker I can’t go back. Is this true?

No. Retirement homes cannot prevent you from returning. You have the same rights as any other tenant. The retirement home landlord cannot simply refuse to allow you to come back to your home, even if your care needs have changed. However, if the retirement home believes that they can no longer meet your care needs, they can apply to the Ontario Landlord and Tenant Board for an order transferring you out of the care home, but only if there is appropriate alternate accommodation available.

 

I live in a retirement home and want to hire a private caregiver to supplement the care I am receiving from the home. The home says I cannot do this. Can the retirement home stop me?

No. The Residential Tenancies Act makes it clear that you are permitted to obtain outside services, whether it is through the Community Care Access Centre or your own pocket. The landlord is not allowed to interfere with you finding and receiving care services from any provider you choose.

 

Can I be evicted from a retirement home? 

A landlord can evict you for certain reasons, which are discussed in detail in the  eviction section of CLEO’s publication on Care Homes.  The amount of notice varies based on the reason alleged for the eviction.  Further details are provided in CLEO's publication entitled " Fighting an Eviction."