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Month-to-Month Rental Agreement (Canada)

Month-to-Month Rental Agreement (Canada)

This Month-to-Month Rental Agreement (the "Agreement") is entered into on [Agreement Date] by and between:

[Landlord Name], [Landlord Type], with an address at [Landlord Address], [Landlord City], [Landlord Province] [Landlord Postal Code], Canada (the "Landlord");

and

[Tenant Name], with a current address at [Tenant Address], [Tenant City], [Tenant Province] [Tenant Postal Code], Canada (the "Tenant").

The Landlord and the Tenant are collectively referred to as the "Parties" and individually as a "Party".

1. RENTAL PREMISES

The Landlord agrees to rent to the Tenant the following residential premises (the "Premises"): a [Property Type], [Is Furnished], located at [Unit Number] [Property Address], [Property City], [Property Province] [Property Postal Code], Canada.

The Premises shall be used exclusively as a private residential dwelling by the Tenant and any permitted occupants. The Tenant shall not use the Premises for any commercial or illegal purpose.

2. MONTH-TO-MONTH TENANCY

This Agreement creates a [Tenancy Origin] commencing on [Start Date]. The tenancy shall continue on a month-to-month basis, automatically renewing at the beginning of each calendar month, until terminated by either Party in accordance with the notice requirements set out in this Agreement and the applicable provincial or territorial residential tenancy legislation.

In Ontario, a month-to-month tenancy is governed by the Residential Tenancies Act, 2006 (S.O. 2006, c. 17). Whether established from the outset or arising from the expiry of a fixed-term lease (RTA s. 38), the tenant is entitled to the full protections of the RTA, including rent control and restrictions on termination. In British Columbia, a month-to-month tenancy under the Residential Tenancy Act (R.S.B.C. 2002, c. 78) provides the tenant with security of tenure; the landlord cannot end the tenancy without cause. In Alberta, the Residential Tenancies Act (S.A. 2004, c. R-17.1) governs periodic tenancies with specific notice periods.

3. RENT

The Tenant agrees to pay rent of CAD $[Monthly Rent] per month, payable on or before the [Rent Due Day] day of each month. Rent shall be payable to [Rent Payee Name] via [Rent Payment Method].

The Tenant shall not withhold or deduct any amount from the rent except as expressly permitted by the applicable provincial legislation. In Ontario, a landlord may not require the Tenant to provide post-dated cheques or automatic payments as a condition of tenancy (RTA s. 108).

The Landlord may increase the rent only in accordance with provincial guidelines. In Ontario, the Landlord must provide at least 90 days’ written notice using the prescribed form (Form N1) and the increase cannot exceed the annual guideline percentage. In British Columbia, three full months’ notice is required and the increase is limited to the annual allowable amount. In Alberta, the Landlord must provide a minimum of 12 weeks’ notice. Above-guideline increases require approval from the applicable provincial tribunal.

4. SECURITY DEPOSIT

The Tenant agrees to pay a deposit of CAD $[Deposit Amount] as [Deposit Type].

The deposit shall be held and returned in accordance with applicable provincial legislation. In Ontario, only a last month’s rent deposit is permitted (RTA s. 105-106) and the landlord must pay annual interest. In British Columbia, the security deposit (maximum half a month’s rent) must be returned within 15 days of the tenancy ending (RTA s. 38). In Alberta, the deposit (maximum one month’s rent) must be returned within 10 days with an itemized statement of deductions (RTA s. 44). In Quebec, security deposits are prohibited entirely.

5. UTILITIES AND SERVICES

The following utilities and services are included in the monthly rent and paid by the Landlord: [Utilities Included].

The Tenant shall be responsible for arranging and paying directly for: [Utilities Tenant Pays]. The Tenant shall ensure all utility accounts remain in good standing throughout the tenancy.

6. MAINTENANCE AND REPAIRS

The Landlord’s responsibilities: [Landlord Maintenance]

The Tenant’s responsibilities: [Tenant Maintenance]

The Landlord is obligated to maintain the Premises in a good state of repair, fit for habitation, and in compliance with applicable health, safety, and maintenance standards (Ontario RTA s. 20, BC RTA s. 32, Alberta RTA s. 16). The Tenant shall promptly notify the Landlord in writing of any repairs needed. The Tenant shall not make alterations to the Premises without the Landlord’s prior written consent.

7. RULES AND RESTRICTIONS

Smoking: [Smoking Policy].

Guests: [Guest Policy]

Additional rules: [Additional Rules]

The Tenant shall not sublet or assign the Premises without the Landlord’s prior written consent. In Ontario, the landlord’s consent to an assignment or sublet cannot be unreasonably withheld (RTA s. 95, 97). In BC, the landlord’s consent to subletting must not be unreasonably withheld (RTA s. 34).

8. TERMINATION

The Tenant may terminate this month-to-month tenancy by providing the Landlord with no less than [Tenant Notice Days] days’ written notice, expiring on the last day of a rental period.

The Landlord may terminate this month-to-month tenancy by providing the Tenant with no less than [Landlord Notice Days] days’ written notice, but only for a reason permitted by the applicable provincial legislation. In Ontario, the Landlord may terminate a month-to-month tenancy only for grounds set out in the RTA, including: personal use by the Landlord or a family member (s. 48, 60 days’ notice), extensive renovations (s. 50, 120 days’ notice), demolition (s. 50, 120 days’ notice), or non-payment of rent (s. 59, 14 days’ notice). In British Columbia, the Landlord may end a month-to-month tenancy for landlord’s use (s. 49, 2 months’ notice with one month’s rent compensation) or for cause (s. 47). In Alberta, the Landlord must provide at least 3 months’ written notice for a periodic tenancy (RTA s. 8).

Where the statutory minimum notice period exceeds the period stated herein, the statutory minimum shall prevail. The Parties cannot contract out of mandatory notice periods.

9. LANDLORD’S RIGHT OF ENTRY

The Landlord shall provide a minimum of [Entry Notice Period] hours’ written notice before entering the Premises and may only enter during the hours of [Entry Hours], except in the case of an emergency. The notice must state the reason for entry and the date and time of entry.

The Landlord may enter without notice only in a genuine emergency (fire, flood, gas leak). In Ontario, permitted entry purposes include repairs, inspections, and showing the unit to prospective tenants or purchasers (RTA s. 25-27). In BC, 24 hours’ written notice is required and entry is restricted to 8 AM–9 PM (RTA s. 29).

10. COMPLIANCE WITH PROVINCIAL LEGISLATION

This Agreement is subject to the applicable provincial or territorial residential tenancy legislation, including: the Residential Tenancies Act, 2006 (Ontario); the Residential Tenancy Act (British Columbia); the Residential Tenancies Act (Alberta); the Civil Code of Québec; the Residential Tenancies Act of each Atlantic and Prairie province; and any regulations made thereunder.

Any provision that conflicts with mandatory provisions of the applicable legislation is void and severable. The Parties cannot contract out of the minimum standards provided by provincial or territorial tenancy law.

11. DISPUTE RESOLUTION

The Parties agree to first attempt to resolve any dispute through good-faith negotiation. If the dispute cannot be resolved, either Party may apply to the applicable provincial tenancy tribunal: the Landlord and Tenant Board (Ontario), the Residential Tenancy Branch (British Columbia), the Residential Tenancy Dispute Resolution Service (Alberta), the Tribunal administratif du logement (Québec), or the equivalent body in the governing jurisdiction.

12. NOTICES

All notices shall be in writing and delivered personally, sent by registered mail, or sent by email to:

Landlord: [Landlord Name] Address: [Landlord Address], [Landlord City], [Landlord Province] [Landlord Postal Code] Email: [Landlord Email] Phone: [Landlord Phone]

Tenant: [Tenant Name] Address: [Unit Number] [Property Address], [Property City], [Property Province] [Property Postal Code] (during tenancy) Email: [Tenant Email] Phone: [Tenant Phone]

13. GOVERNING LAW

This Month-to-Month Rental Agreement shall be governed by and construed in accordance with the laws of the Province of [Governing Province] and the applicable federal laws of Canada. Any dispute shall be subject to the exclusive jurisdiction of the applicable provincial or territorial residential tenancy tribunal.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the tenancy of the Premises and supersedes all prior oral or written agreements. This Agreement may only be amended by a written document signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Month-to-Month Rental Agreement as of the date first written above.

LANDLORD

Name: [Landlord Name]

TENANT

Name: [Tenant Name]

Landlord

________________

Signature

Date: ________________

Tenant

________________

Signature

Date: ________________

Maintained by Vladislav Sergienko, Founder·Template last modified: ·Report an error

What Is a Month-to-Month Rental Agreement (Canada)?

A Month-to-Month Rental Agreement in Canada sets the rent and obligations for a periodic tenancy that continues month to month until ended on notice, governed primarily by provincial residential tenancies legislation.

In Canada, month-to-month tenancies are governed by the same provincial residential tenancy legislation as fixed-term leases. Ontario's Residential Tenancies Act, 2006, British Columbia's Residential Tenancy Act, Alberta's Residential Tenancies Act, and Quebec's Civil Code all establish the rights and obligations that apply to periodic tenancies. Importantly, provincial legislation in most jurisdictions prevents landlords from terminating month-to-month tenancies without a valid reason — simply wanting a tenant to leave is not sufficient grounds for eviction in Ontario, BC, or Quebec, even on a month-to-month agreement.

A written month-to-month rental agreement is important even though many tenants assume that informal or oral month-to-month arrangements are adequate. A written agreement documents the agreed rent amount, payment date, security deposit, and house rules, and provides a reference point for both parties if disputes arise. In Ontario, the standard provincial lease form (Ontario Regulation 9/18) applies to month-to-month tenancies as well as fixed-term leases.

The legal framework governing the Month-to-Month Rental Agreement (Canada) in Canada draws on several key statutes and regulatory bodies. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Parties executing a Month-to-Month Rental Agreement (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Provincial Real Property Acts sets the foundational requirements.

When Do You Need a Month-to-Month Rental Agreement (Canada)?

When a tenant is relocating to a new city for work or study and needs housing flexibility while determining whether the location is a long-term fit. Month-to-month agreements are common in university towns such as Kingston, Waterloo, Halifax, and Fredericton, and in large employment centres such as Toronto, Calgary, and Vancouver, where workers or students may need to relocate again within months.

When a tenant is between longer-term housing arrangements — for example, waiting for a new home purchase to close, waiting for a newly constructed unit to become available, or transitioning out of a shared housing arrangement. A month-to-month agreement bridges the gap without committing to a full year's tenancy.

When a fixed-term lease expires and neither party has negotiated a renewal, provincial legislation automatically converts the tenancy to a month-to-month periodic tenancy on the same terms. At this point, a formal written month-to-month agreement clearly documents the continued relationship.

When a landlord needs flexibility to eventually reclaim the unit for personal use, a family member, or a planned renovation, a month-to-month agreement allows the landlord to give proper notice at the appropriate time — provided the reason is one of the legally permitted grounds for termination under the applicable provincial RTA. Without a written agreement, disputes about rent amounts, notice periods, and pet or maintenance terms have no contractual reference point, and oral agreements are difficult to enforce before provincial tenancy boards.

Parties in Canada should prepare a Month-to-Month Rental Agreement (Canada) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

What to Include in Your Month-to-Month Rental Agreement (Canada)

Tenancy Type and Commencement -- Clearly state that the agreement creates a month-to-month periodic tenancy (not a fixed-term lease) and specify the start date. If the tenancy arose from the expiry of a fixed-term lease, reference the original lease and its end date. This establishes the nature of the tenancy and triggers the applicable statutory provisions for periodic tenancies.

Rent and Payment Terms -- The monthly rent amount in Canadian dollars, the due date, the payment method (Interac e-Transfer, cheque, pre-authorized debit, cash, or bank draft), and who rent is payable to. Ontario landlords cannot require post-dated cheques or automatic payments (RTA s. 108). Include a statement that rent increases are governed by provincial guidelines.

Termination Notice -- The required notice periods for both parties, which must meet or exceed provincial statutory minimums. This is the most critical element of a month-to-month agreement because it defines how either party can end the tenancy. The notice must expire on the last day of a rental period in most provinces.

Security Deposit -- The deposit amount and type, complying with provincial maximums. Ontario: last month's rent only. BC: maximum half a month's rent. Alberta: maximum one month's rent. Quebec: no deposit. Include the statutory deadlines for returning the deposit after the tenancy ends.

Landlord Termination Grounds -- A month-to-month tenancy does not give the landlord unlimited ability to terminate. In Ontario, landlords can only evict for grounds specified in the RTA. In BC, landlords must compensate the tenant with one month's rent for personal use termination. The agreement should clearly state these limitations.

Maintenance Obligations -- Provincial law requires landlords to maintain the premises in habitable condition. The agreement should allocate specific responsibilities and require tenants to promptly report repair needs. These obligations continue throughout a month-to-month tenancy just as they would during a fixed-term lease.

Governing Province -- The specific province or territory whose residential tenancy legislation applies, determining deposit limits, rent increase rules, notice periods, and the applicable dispute resolution tribunal.

Additional compliance elements for a Month-to-Month Rental Agreement (Canada) used in Canada include: Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.

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Reference this free template in an article, syllabus, or research note:

APA

Forms Legal. (2026). Month-to-Month Rental Agreement (Canada) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/real-estate/leases/month-to-month-rental-agreement-canada

MLA

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BibTeX
@misc{formslegal-month-to-month-rental-agreement-canada,
  author       = {{Forms Legal}},
  title        = {Month-to-Month Rental Agreement (Canada) (Canada)},
  year         = {2026},
  howpublished = {\url{https://forms-legal.com/canada/real-estate/leases/month-to-month-rental-agreement-canada}},
  note         = {Free legal document template. Based on Provincial Real Property Acts}
}

Also available for these jurisdictions:

Frequently Asked Questions

Based on Provincial Real Property Acts — Template last modified June 2026

This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer

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