Last Updated: August 22 2026
In Ontario, when does the doctrine of frustration end a residential tenancy if the unit becomes uninhabitable after an unforeseen event, and what can a tenant do next?
Cross Legal Services can help you understand when Ontario’s Residential Tenancies Act, 2006 applies the doctrine of frustration to your lease or month-to-month tenancy (for example, where a major fire, flood or condemnation makes the rental unit impossible to occupy) and what that means for obligations like security of tenure. If the premises are condemned or otherwise rendered uninhabitable by an unforeseen outside force, the tenancy can end “by operation of law” under section 19 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17. A paralegal can also review the timeline of repairs and whether it truly became frustrated (tenants may have stronger return rights where the unit can realistically be restored within a reasonable time), and help you prepare next steps for notices, Landlord and Tenant Board discussions, and documentation. To get guidance for your situation in Ontario, call (289) 443-0675.
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Understanding When the Doctrine of Frustration Applies to a Residential Tenancy and What Recourse Does a Tenant Have?
Certain events, such as a major fire, flood or serious water damage, tornado or windstorm, or some other unforeseen circumstances, including changes in law, may arise with the result being that occupancy of the residential premises becomes impossible. When the tenancy becomes impossible due to an unforeseeable outside force, sometimes called a force majeure event, the contractual obligations of both the landlord and the tenant, whether during a lease period or after the tenure converts to a month-to-month, are deemed frustrated and the tenancy arrangements come to an end as per section 19 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17 where it is said:
Note: Please contact Cross Legal Services by phone at: (289) 443-0675 to discuss any specific questions that you may have.
19 The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements.
Condemnation
In some circumstances, premises may become unoccupiable when ordered condemned by the local municipality such as occurred in the case of AS v. CJM, TSL-05808-10 (Re), 2010 CanLII 58985 wherein it was stated:
1. At the hearing before me the parties filed an order dated September 27, 2010 issued by the City of Toronto that says the residential complex is unsafe and that occupancy of the rental unit is prohibited.
2. As I explained at the hearing section 19 of the Residential Tenancies Act, 2006 (the ‘Act’) says: “The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements.” Essentially the doctrine of frustration says that when a contract becomes impossible of performance, then the contract has come to an end. As the doctrine applies to residential tenancy agreements what this means is that when a residential complex cannot be physically lived in anymore because it has been condemned, the tenancy has come to an end by operation of law.
3. As a result, an order will issue declaring the tenancy termination by operation of the doctrine of frustration.
Accordingly, and perhaps surprisingly, even when premises become condemned due to neglect, meaning a failure of maintenance, by the landlord, a frustration of the tenancy occurs resulting in a termination of the tenancy agreement, whether as a lease agreement or a statutory month-to-month agreement, when the rental unit is condemned.
Ceasing of Security of Tenure
Where a tenancy agreement is deemed frustrated, such as in circumstances where a fire requires restorative work that will be extensive and take considerable time, the security of tenure, including first right of refusal to return following restorative work, is absent. Only where the restorative work can be done in a reasonable amount of time will the tenancy agreement be without frustration and therefore with security of tenure protected as per the case of Y.Y. v. A.T. and L.W., TEL-32649-12 (Re), 2013 CanLII 51226 where it was said:
1. The Residential Tenancies Act, 2006 did apply to this unit from June 1, 2012 until December 1, 2012. At that time the unit was deemed uninhabitable and the tenancy agreement became frustrated pursuant to the Frustrated Contracts Act and as permitted under section 19 of the Residential Tenancies Act, 2006 (RTA).
2. As a result of the lengthy period of time required to make repairs to the unit there is no foreseeable date that the Tenants would be permitted back into the rental unit. There is no requirement under the RTA for the Landlord to offer the Tenants first right of refusal when the unit does become habitable.
3. Based on the evidence provided and the fact this vacancy of the rental unit is not for a short period of time I have deemed the rental contract to be frustrated as of December 1, 2012.
Summary Comment
When a serious force majeure event occurs, rendering the premises unoccupiable for an unforeseeable length of time, the tenancy agreement, whether within a lease period or month-to-month period, becomes frustrated and all obligations cease including the security of tenure usually enjoyed by the tenant.
NOTE: A substantial quantity of inquiries featuring “lawyers in my area” or “top lawyer in” frequently indicates a desire for prompt and proficient legal assistance rather than a particular job designation. In Ontario, certified paralegals are governed by the same Law Society that regulates lawyers and have the authority to represent clients in specified litigation issues. Skills in advocacy, legal analysis, and procedural expertise are fundamental to this position. Cross Legal Services provides legal representation within its licensed parameters, focusing on strategic positioning, evidence preparation, and compelling advocacy aimed at securing quick and advantageous outcomes for clients.
