1. Membership and Occupancy Are Linked
Under Article 10 of the Occupancy Bylaw, membership and occupancy rights are inseparable:
- A member cannot withdraw from membership without also ending their occupancy rights.
- A member cannot end occupancy rights without also withdrawing from membership.
- A notice to end occupancy is also a notice to withdraw from membership.
- A notice to withdraw from membership is also a notice to end occupancy rights.
Once a member permanently moves out and their occupancy ends, they no longer retain any membership rights in the co-op.
2. Notice Requirements for Moving Out (Occupancy Bylaw, Article 10.2)
When All Members of a Household Are Leaving
All members who wish to end their membership and occupancy rights must provide written notice to the co-op.
The notice must:
- Be in writing.
- State the intended termination date.
- Specify a termination date that falls on the last day of a month.
- Be provided at least 60 days in advance.
February and March Exceptions
Special notice deadlines apply:
- For a termination date of February 28 (or 29), notice must be given on or before January 1.
- For a termination date of March 31, notice must be given on or before February 1.
If Insufficient Notice Is Given
A termination notice remains valid even if less than the required notice is provided. In that case:
- Membership and occupancy rights will end 60 days after notice is received.
- If that date is not the last day of a month, termination will occur on the last day of that month.
Withdrawal of Notice
Members cannot withdraw a notice of termination without the written consent of the Board of Directors. The Board may refuse consent, and that decision cannot be appealed.
3. Vacating the Unit
Moving Out Before the Termination Date
If everyone in the household leaves before the termination date:
- The co-op may take possession of the unit immediately.
- Members and occupants cannot move back in.
- Membership and occupancy rights end when the co-op takes possession.
- Members remain responsible for housing charges until the original termination date.
Failure to Vacate
If the household remains in the unit after the termination date, the co-op may seek a court eviction order. The normal eviction procedures in Articles 11–15 do not apply.
Vacant or Abandoned Units
If a unit is vacant or abandoned, the co-op may take possession of the unit or begin legal proceedings. Membership and occupancy rights end on the date possession is taken.
4. When Only Some Household Members Move Out
This section applies when one or more members leave but other co-op members continue living in the unit.
The departing members should provide notice following the procedures above.
If no notice is provided:
- The departing member’s membership and occupancy rights end on the first day they no longer occupy the unit as their principal residence.
The remaining members must notify the co-op in writing within ten (10) days whenever:
- A member moves out; or
- A long-term guest or non-member occupant ceases to occupy the unit as their principal residence.
This notification is required whether or not the departing person provides notice.
Housing Charge Subsidy
Where a household receives a housing charge subsidy, subsidy eligibility may be affected when a household member leaves. Members should consult the Housing Charge Subsidy Bylaw Article 4.4 and applicable government requirements for details.
Long-term guest (LTG) leaves
When a long-term guest leaves: The members staying in the unit must notify the co-op within ten days, whether or not the guest gives notice.
5. Death of a Member (Occupancy Bylaw, Article 10.4)
Membership and Occupancy Rights
A deceased member’s membership and occupancy rights end on the date of death.
Where No Other Members Occupy the Unit
If no other members live in the unit:
- The member’s estate is responsible for housing charges for the month of death and the following month.
- The estate must remove all belongings by the end of that period unless another arrangement is made with the co-op.
- If possessions are not removed on time, the co-op may remove and dispose of them without liability.
Where Other Members Occupy the Unit
If other members remain in the unit, they must notify the co-op in writing of the member’s death.
Approved Long-Term Guests
An approved long-term guest may apply for membership if:
- The guest occupied the unit at the time of the member’s death;
- The guest’s occupancy had previously been approved by the Board; and
- No other member occupied the unit at the time of death.
If accepted as a member, the guest may remain in the unit subject to applicable occupancy requirements. If the guest does not apply or the application is denied, the Board may require the guest to leave without following the eviction procedures in Articles 11–15.
6. Member Rights After Moving Out
Once membership and occupancy rights end, former members:
- Have no right to occupy their former unit.
- Have no right to occupy any other unit in the co-op.
- Have no right to remain on or join internal relocation waiting lists.
- Will be removed from any existing internal waiting lists.
Former members may apply to become members again in the future under the Returning Member provisions of the Membership Bylaw.
Members who anticipate reapplying in the future should retain documentation demonstrating that they lived in Woodsworth for at least two years.
7. Last Month’s Housing Charge Deposit and Maintenance Deposit
Article 3.5 of the Occupancy Bylaw governs the treatment of deposits when members leave the co-op.
Last Month’s Housing Charge Deposit
The last month’s housing charge deposit may be applied to the member’s final month of occupancy if:
- Proper notice has been provided in accordance with the Occupancy Bylaw; and
- The member does not owe any money to the co-op.
If money is owed, the co-op may apply the deposit toward outstanding amounts.
Maintenance Deposit
The maintenance deposit is returned when the member and their household permanently leave the co-op.
Before returning the deposit, the co-op may deduct amounts owed because:
- Insufficient notice was provided;
- The unit was not left in the condition required by the co-op’s bylaws;
- The member owes money to the co-op; or
- The member failed to pay their final housing charges.
Interest
The co-op does not pay interest on either the last month’s housing charge deposit or the maintenance deposit.
8. Move-Out Standards
Members must leave their unit clean and in good condition when moving out.
The Move-Out Bylaw outlines:
- Expected unit condition upon move-out;
- Inspection procedures;
- Reports identifying any required repairs or deficiencies.
Members will not be charged for normal wear and tear.
9. Temporary Absences and Sublets
Moving out permanently is different from a temporary absence or approved sub-occupancy (sublet).
Members may sublet their unit for a period of time.
Use Woodsworth’s form to request a sub-occupancy of your unit. It must be completed and given to Management. The Board must approve the sub-occupancy and its duration.
After approval, all co-op members in the household and all sub-occupants must sign and comply with a Sub-Occupancy Agreement before the sub-occupancy begins. (Occupancy Bylaw, Schedule C)
For more information, see the Occupancy Bylaw, section 8.6.
Members wishing to sublet their unit must:
- Submit Woodsworth’s sub-occupancy request form to Management;
- Obtain Board approval for any sub-occupancy exceeding one month;
- Sign a Sub-Occupancy Agreement before the sublet begins.
Sub-occupancies are normally limited to three months, although the Board may approve a longer period of up to one year.
Members may not profit directly or indirectly from a sub-occupancy arrangement.
For full details, see Occupancy Bylaw Article 8.6 and Schedule C.
10. Moving Within Woodsworth
The information in this document applies to members who are permanently leaving Woodsworth Co-op.
If you are relocating to another unit within Woodsworth, different bylaw provisions apply for some topics. Please consult the relocation policies and applicable sections of the Occupancy Bylaw.
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