HOW MUCH NOTICE IS REQUIRED when moving from rental unit?

[Tiberius]

Here's the situation...

I'm in Ontario. I will be moving and gave notice to my landlord. They informed me that they required a full 2 months notice (2 calendar months), therefore I'm on the hook for rent through December 31st. (November and December).

However, in the lease agreement, it does not state 60 days or 2 months notice is required. It actually doesn't state any period of time. The lease was for 12 months, but we are past the first year and I am now month to month.

Is there a sweeping Landlord/Tenant act rule that they can enforce to get the 2 full calendar months notice and rent? Or, because there isn't any timeframe specified directly in the lease contract, do I have a case to just pay through November 30 and not have to pay for December?

If anyone knows the exact law/rules on this, any assistance would be appreciated. It bothers me that they are being so anal about this supposed rule of theirs (telling me flat out that if I gave notice on the 1st of a month, that would be too late for that month to count, etc... just rubbing me the wrong way with their attitude...) - but then they don't explicitly put the requirement for 2 full calendar months in the contract. Even if it is required by the provincial Landlord/Tenant Act... they still should have stated it in the contract for visibility for the tenants (IMHO).

Do I have a leg to stand on if I try to refuse to pay for December rent and move out at the end of November? Or, am I stuck paying December rent?

[hagbard]

I'm I missing something, what province are you in?

[rilhouse]

if you signed a 12 month lease, they don't have to let you out of the lease at all. if thats the case you should be thanking them for letting you out.

[Tiberius]

I am past the 12 months of the lease... on month to month status...

Also... I'm in Ontario.

[YLSF]

It is part of the Landlord Tenant act. YOu need to fill in a standard form and give it to your landlord. The form itself is on the web somewhere.



http://www.orht.gov.on.ca/userfiles/HTML/nts_3_7968_1.html

Quote from above site

If a tenant wants to leave

A tenant must tell their landlord in writing if they plan to move out, by giving a Tenant’s Notice to Terminate the tenancy. The last day the tenant plans to occupy the unit is called the termination date.

A daily or weekly tenant must give at least 28 days notice. For a weekly tenant, the termination date must be the end of a weekly rent period.

A monthly tenant must give at least 60 days notice, with the termination date being the final day of a monthly rent period.

A tenant with a lease must also give at least 60 days notice. The termination date cannot be earlier than the final day of the lease.

A tenant and landlord can agree to end a lease early, but this should be in writing. In this situation, a notice of termination does not have to be given by either the landlord or tenant.

A tenant in a care home can end a lease early, with at least 30 days notice in writing to the landlord.

[Tiberius]

Well... it looks like that's the answer...

Moving near the end of the year is horrid timing... (who wants to move at the end of December...) Oh well... looks like I'm eating a month of rent...

[peroxide8888]

ouch, we only need to give one month's notice in BC.

[Raggie]

30 day notice is enough. I used to rent month by month and only gave 30 day notice.

[gamovafan]

don't you have the option of moving out early without any fines if you could find another person to take over the rent? Eg, he signs a 12 month + December contract at the begining of December.

[lqd_ice]

If you want your deposit back, then I would give notice, but if not...then just take off at the end of the month...

[dolphie]

once i was mistaken in giving my notice on the first of a month...two months before i wanted to move. That was only 59 (!) days notice. I was told IF they couldn't find someone to rent the place, I'd have to eat a month's rent. They found someone so i was off the hook.
They're allowed to keep you on the hook for that extra month, but if you are paying for it, make sure you keep the keys 'til december 31st or they could be dirty and double rent it.

[Piccolo]

I was renting an apt with a roommate and had to give 60 days written notice to be taken off the lease even though the person was still living there. The place where I live now posts every month "We will only be accepting notice for people moving no earlier than Dec 30th etc. (Two months/ 60 days notice). This is Ontario. From what has been posted it seems Ontario is 60 days. Don't know the other provincial laws. ... Then again, is there a different type of Tenant/ Landlord act for people NOT rent in an apt, but renting in a house? I've considered moving into a basement apt just to get some more room....

[reidjr]

I was renting an apt with a roommate and had to give 60 days written notice to be taken off the lease even though the person was still living there. The place where I live now posts every month "We will only be accepting notice for people moving no earlier than Dec 30th etc. (Two months/ 60 days notice). This is Ontario. From what has been posted it seems Ontario is 60 days. Don't know the other provincial laws. ... Then again, is there a different type of Tenant/ Landlord act for people NOT rent in an apt, but renting in a house? I've considered moving into a basement apt just to get some more room....

Moving into a basement is not a great idea to many probleam can happen.In most cases there is no tenant/landlord act in a basement rental.

[Piccolo]

Moving into a basement is not a great idea to many probleam can happen.In most cases there is no tenant/landlord act in a basement rental.

Thanks for the heads up!

[Ben Jr]

Because in a lot of cases its not totally legal. Most basement apartments have not been retrofitted properly with the necessary requirements to pass the inspection. I won't pretend to know all the standards, but I'm sure google would have them somewhere.

[Piccolo]

but I'm sure google would have them somewhere.

I am very much known for my googling :lol:

[plucky duck]

I don't know what's standard or normal, but for us it's 30 days notice or else we cover the following month's rent and advertising fees.

Question, is rent a claimable expense on income tax? Plus any of the utilities bills? Sorry for the silly question, but this is our first time in a rental situation.

[Piccolo]

I don't know what's standard or normal, but for us it's 30 days notice or else we cover the following month's rent and advertising fees.

Question, is rent a claimable expense on income tax? Plus any of the utilities bills? Sorry for the silly question, but this is our first time in a rental situation.

While doing your taxes there is a section called "ontario tax credits" Rent is part of this section. (There is a bunch of calculations etc.) I do not believe there is a section for utilities, however I could be wrong.

[monomono]

30 day notice is enough. I used to rent month by month and only gave 30 day notice.

You were just lucky. The law is minimum 60 days notice for month-to-month rental per the previous post in this thread.

[Happy13178]

When your lease expires and you default to month to month without signing a new lease, you're living under the terms of the expired lease. So, even if you were month to month, you have to give notice based on a year-term lease, which is 60 days. Tribunal will usually side with the landlord on this, unless there are extenuating circumstances. Whoever got nailed for the 59 days notice is silly though...if they tried to drag you to court for that, they'd probably lose.