Fixed Term Leases
When a tenant signs a fixed term lease they are agreeing to leave before they even move in. A fixed term lease looks exactly like a periodic lease, except the lease specifies the start and end date of the tenancy. A tenant is required to leave the unit on the date specified in the lease unless they sign another lease with the landlord. Tenants are not required to sign another lease if they don’t want to.
Landlords and tenants are not required to give any notice before choosing not to renew a lease. A landlord or tenant could agree verbally to sign another lease on the renewal date, but until a new lease is signed there is no guarantee the tenancy will continue.
During a fixed term lease tenancy, a landlord is still required to find legal cause and file for an eviction if they want the tenant to leave early. Certain rules and lengths of time to serve notice apply for fixed term leases. For more information on evictions, see Ending a Tenancy.
For rent increases, the landlord cannot raise the rent more than the rent cap even if the tenant is on a fixed term lease. As long as the tenant is living in the same unit, the rent cap applies. Read more here.
There are also different rules around showing apartments and giving notice to enter on a Fixed Term Lease. Read more here.
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Check the lease terms before signing, make sure you know what you’re getting into. Many landlords sign fixed term leases for one-year terms, and tenant can confuse this for a year-to-year lease.
If your landlord pressures you into accepting a rent increase above the rent cap, a tenant can apply to Residential Tenancies to have the overpaid rent returned and the monthly rent adjusted. Just know this means it’s unlikely the landlord will sign another fixed term lease with you.
If you’re a tenant on a periodic lease and you want to move out, consider doing a lease reassignment instead. That way the new tenant can inherit your periodic lease. A landlord cannot unreasonably deny a lease reassignment, and this prevents them from raising the rent or making a new tenant sign a fixed term lease. For more information on lease reassignments, see Subletting & Reassigning