What common law rights apply to a landlord who terminated a lease without notice?

Ontario, Canada


The following excerpt is from Chehresaz v Sadegh Khalesi, 2015 CanLII 8736 (ON SCSM):

24. In any event, if the police officer’s opinion was directed at the parties’ common law rights, I disagree with that opinion. There is nothing in the lease to permit termination on either no notice or one day’s notice on a weekend. The parties agree that this was a rooming house that was not subject to the Residential Tenancies Act, 2006, because of facilities being shared with the owner. Even so, at common law, in my view reasonable notice of termination would be required. Equally, at common law there is a duty of good faith in the performance of a contract: Bhasin v. Hrynew, [2014] S.C.C. 71. In the circumstances of this matter, I find that giving notice on a Saturday and taking the tenants’ keys that very day, was a violation of those obligations. The landlord was not within her rights to act as she did.

Other Questions


Can a landlord obtain equitable relief from a tenant where the tenant sub-leased part of the premises without the landlord's consent? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
Can a landlord who has breached a lease agreement with a tenant sue the landlord for breach of the lease agreement for damages? (Ontario, Canada)
Can a tenant who covenanted to a lease with a landlord demand a renewal of the lease on behalf of the landlord? (Ontario, Canada)
What is the reasonable notice period for an employee who is terminated without advance notice? (Ontario, Canada)
What is the range of severance pay for a 61 year old employee who is terminated without notice? (Ontario, Canada)
What is the range of damages for breach of contract when an employee is dismissed without advance notice of termination? (Ontario, Canada)
What is the test for a lessor to exercise the full extent of his right to terminate a lease? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)
Does the doctrine of bona fide purchaser for value without notice apply in intellectual property cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.