The Situation
Your one-year lease is ending December 31st. On November 15th, your landlord sends you a new lease. It says: "Your lease has expired. You must sign this new lease by December 1st or you will have to vacate."
The new lease has changes: rent increased to $1,650 (from $1,500), and new rules about guest policies. Your landlord is pressuring you to sign.
But here's what your landlord isn't telling you: Your lease has automatically converted to month-to-month. You're not required to sign a new lease. You can stay as you are, and your rights don't disappear just because the lease expired.
This walkthrough explains the law and your rights.
The Law (Automatic Month-to-Month)
This is crucial to understand: Your protection doesn't end when your lease expires.
RTA s.38: Automatic Renewal
When a fixed-term lease expires (e.g., after 1 year, 2 years), it automatically converts to a month-to-month tenancy. This happens without either party doing anything.
Key point: This automatic conversion is MANDATORY under the RTA. Your landlord cannot opt out of it by claiming the lease expired or by pressuring you to sign a new lease.
Once month-to-month, the same RTA protections apply to you. You still have:
- The right to not pay illegal rent increases
- The right to 24 hours notice before landlord entry
- The right to a habitable unit
- All other RTA protections
Why Your Landlord Wants a New Lease
Your landlord wants you to sign a new lease so they can:
- Lock in a higher rent without following RTA s.116 rules (90 days notice, guideline limit)
- Add new conditions or rules without legal constraints
- Create the impression that you're starting a new tenancy (you're not)
- Claim you "agreed" to new terms
The Truth
You do NOT need to sign a new lease. By operation of law, you're now a month-to-month tenant. You can continue living in the unit on the same terms, with the same rent, and with all the same protections you had before.
You Don't Have to Sign
Let's be clear: Refusing to sign a new lease is not a breach of your tenancy. It's your legal right.
What Happens If You Don't Sign
You continue living in the unit as a month-to-month tenant:
- You keep the same rent (the rent from your original lease, or a lawfully increased amount under RTA s.116)
- The same terms of your original lease still apply (where relevant)
- You have all RTA protections
- Your landlord can only evict you with 60 days notice and an LTB order
Month-to-Month vs. Fixed-Term
Month-to-month is actually MORE protective for you. Here's why:
- Your landlord can only increase rent according to RTA s.116 (guideline limits, 90 days notice)
- You can terminate your tenancy with 60 days notice if you choose to leave
- Your landlord cannot change the terms of the lease unilaterally
Example: If You Sign the New Lease
Let's say the new lease says rent is $1,650 and includes a "no guests" clause. By signing, you might be:
- Agreeing to a rent increase of $150 (10%) outside the legal guideline
- Agreeing to terms that may violate your RTA rights
- Waiving your right to the guideline-only increase
This is exactly what your landlord wants.
What You Should Do
Do not sign the new lease unless you want to. If your landlord insists, respond in writing:
To: [Landlord Name]
Subject: Re: Lease Renewal
Dear [Landlord],
I received the proposed new lease dated [date]. I will not be signing a new lease. Under RTA s.38, my fixed-term lease has automatically converted to a month-to-month tenancy. I will continue to occupy the unit on the same terms as my original lease, with the same rent and protections under the RTA.
Any rent increase must comply with RTA s.116 (90 days notice, guideline limit). No new lease is required for me to remain in the unit.
Sincerely,
[Your Name]
Your Rights Continue
As a month-to-month tenant, you have all the same RTA protections you had before. Nothing changes except the lease termination notice:
Rent & Deposits
- Your rent stays the same unless your landlord follows RTA s.116
- Rent increases limited to the guideline (2.5% for 2025)
- 90 days written notice required for any increase
- No illegal deposits or fees
Repairs & Maintenance
- Your landlord still must maintain the unit (RTA s.20)
- You can still file T6 for breach of maintenance
- You can still demand repairs and rent abatement
Privacy & Entry
- Your landlord must give 24 hours notice before entering (RTA s.25-27)
- You have the right to reasonable enjoyment (RTA s.27)
- Unauthorized entry is still harassment
Eviction
- Your landlord can only evict with 60 days notice and an LTB order
- Valid grounds for eviction still apply (non-payment, N12, etc.)
- Bad faith evictions can still be challenged
Bottom Line
Month-to-month tenancy offers you MORE protection than a fixed-term lease, not less. You're not losing anything by refusing to sign a new lease. You're keeping everything.
If Landlord Pressures You
Some landlords don't understand (or pretend not to understand) the automatic conversion to month-to-month. If they pressure you, here's what to expect and how to respond:
Scenario: "Sign or Vacate"
Your landlord says: "Sign the new lease by December 1st or you must move out."
Your response:
This is not a lawful termination of your tenancy. Under RTA s.38, you have the right to stay on a month-to-month basis. An N4 (non-payment) notice is required to evict, not a demand to sign a lease. If your landlord actually tries to evict you for refusing to sign, this is retaliatory and illegal. Document it and file a T2 application at the LTB.
Scenario: "Lease Expired, Rent is Now $1,650"
Your landlord sends a new lease with a $150 rent increase (10%) and demands you pay it starting January 1st.
Your response:
Continue paying your current rent ($1,500). Do not pay the increase. Your landlord must follow RTA s.116: 90 days notice, guideline-compliant increase (2.5%). A sudden 10% increase is illegal. If your landlord tries to evict you for non-payment of the illegal increase, file a T1 application at the LTB claiming illegal rent increase.
Scenario: "New Rules in the New Lease"
The new lease includes restrictions (e.g., "no guests," "no pets," restrictions on roommates).
Your response:
You're not bound by new terms unilaterally imposed by the landlord. Your original lease terms still apply. If the new "rules" violate your rights under the RTA (e.g., unreasonable restrictions on roommates), they're unenforceable. Don't sign, and continue on the terms of your original lease.
If Landlord Acts on Threats
If your landlord:
- Serves an N4 (non-payment notice) for the illegal rent increase → File T1
- Serves an N5 (persistent late rent) based on the illegal increase → File T1
- Threatens eviction for refusing to sign → File T2 (retaliatory behavior)
- Locks you out or removes your belongings → Call police; file T2
Key Takeaway
Your lease expiring does not end your tenancy or your rights. Here's what you need to remember:
Automatic month-to-month: Your tenancy converts automatically. You don't need to do anything.
You don't have to sign: You're not required to sign a new lease. Refusing is not a breach.
Same rent, same protections: Your rent stays the same unless your landlord follows RTA s.116 rules. All your rights continue.
If pressured, write back: Formally state you're not signing and cite RTA s.38. Keep a copy.
If threatened with eviction: Document it and file a T2 claim for retaliatory behavior or a T1 claim for illegal rent increase, depending on the situation.
You're protected by law. Your landlord doesn't have the right to force you to sign a new lease or change the fundamental terms of your tenancy. Stand firm.