Retirement Homes FAQ
Yes, you have to notify your landlord in writing that you are terminating your tenancy. You should use the form called Tenant’s Notice to End the Tenancy (Form N9) which you can get from the Landlord and Tenant Board.
According to the Residential Tenancies Act, if you live in a care home, you have to give your landlord at least 30 days’ notice. The 30-day notice period begins the day you give the landlord a written notice. You can give 10 days’ notice for the termination of care services and meals.
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.
No. The retirement home landlord cannot simply refuse to allow you to come back to your home, even if your care needs have changed. The retirement home must continue to provide you with the services that you contracted for.
However, if the retirement home believes that they can no longer meet your care needs, they can apply to the Landlord and Tenant Board for an order transferring you out of the care home (i.e. evicting you), but only if there is appropriate alternate accommodation available. They must obtain an order from the Landlord and Tenant Board before they can evict you. For more information, see ACE’s article “Can My Retirement Home Evict Me Following a Hospitalization?”
No. The Residential Tenancies Act makes it clear that you are permitted to obtain outside services, whether it is through Home and Community Care Support Services (previously the LHIN/CCAC) or your own pocket. The landlord is not allowed to interfere with you finding and receiving care services from any provider you choose that are in addition to care services provided under the tenancy agreement.
A landlord can evict you as they would in any other rental accommodation, and for other certain reasons as 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 “Care Homes.”
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 notice in writing to end your tenancy. The form you can use to do this is called a Tenant’s Notice to Terminate the Tenancy (Form N9). You can get this form from the Landlord and Tenant Board.
You must choose the right date to end your tenancy (called the “termination date”) and give your landlord proper notice. The correct termination date and amount of notice depend on the type of tenancy you have.
For more information about calculating your termination date and amount of notice, please review the CLEO booklet, “Moving Out: Giving Notice”.