Toronto Tenants Unite!: Re: No lease signed - still need 60 days notice??

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Re: No lease signed - still need 60 days notice??

Posted by Darlene on 3/20/2009, 7:29 pm, in reply to "No lease signed - still need 60 days notice??"

Under the RTA the notice must be given on the FIRST of the month, so if you don't give notice until the 7th of a month, that month doesn't count.

BUT your situation is not covered by any of the current legislation, as you were sharing a kitchen and bathroom with your landlord so were not protected by the RTA.

Sorry I couldn't give you better news!

--Previous Message--
: Hi there,
:
: I have been living with my roommate since
: Feb. '08 and moved out of the condo that I
: shared with her at the end of September '08.
: I notified her on Sept. 7, and she said that
: since I did not give her enough notice that
: I had to pay 2 full month's of rent. I paid
: her for the rent of Sept at the end of
: August. I then paid again for the
: "notice" that covered from Oct-Nov
: and then she used my last month's rent to
: cover for the 2nd month. However, I realized
: that I paid more than I should have and she
: is unwilling to pay me back. We have no
: written agreements whatsoever.
:
: Technically I rented a room from her because
: she is the Head tenant of the place. My name
: is not on the lease, because she is
: "subletting" one of the rooms to
: me. We never signed any form of agreement,
: so do I still owe her this "60 days
: notice ending on the last days of a rental
: period"? I have been looking at all of
: the sites for information about this matter,
: and so far they all indicate that a month to
: month rental requires 60 days notice.
: However, according to www.cleo.ca, we are in
: a licensor-licensee relationship and the law
: of Landlord and Tenant does not apply to us.
: Neither does the Commercial Tenancies Act or
: RTA.
:
: At my last place, I rented from Tridel so
: everything was precise and by the book. For
: example, when I emailed them on Nov. 7, they
: accepted my vacate day of Dec. 31.
:
: So back to my current situation: Is she
: allowed to charge me an extra month's rent
: for 7 days since there was no lease signed
: and hence there is no pre-set date for a
: monthly tenancy? I will still honor the 60
: day notice from the date of notification,
: but I don't think I should be responsible
: for the rent starting Nov.08 - Nov. 31.
:
: I will be very grateful if anyone can help
: me out.
:
: Thanks!
:
:
:

Message Thread:

No lease signed - still need 60 days notice?? - Alida 3/16/2009, 2:30 am
- Re: No lease signed - still need 60 days notice?? - Darlene 3/20/2009, 7:29 pm
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--Previous Message-- : Under the RTA the notice must be given on the : FIRST of the month, so if you don't give : notice until the 7th of a month, that month : doesn't count. : : BUT your situation is not covered by any of : the current legislation, as you were sharing : a kitchen and bathroom with your landlord so : were not protected by the RTA. : : Sorry I couldn't give you better news! : : --Previous Message-- : Hi there, : : I have been living with my roommate since : Feb. '08 and moved out of the condo that I : shared with her at the end of September '08. : I notified her on Sept. 7, and she said that : since I did not give her enough notice that : I had to pay 2 full month's of rent. I paid : her for the rent of Sept at the end of : August. I then paid again for the : "notice" that covered from Oct-Nov : and then she used my last month's rent to : cover for the 2nd month. However, I realized : that I paid more than I should have and she : is unwilling to pay me back. We have no : written agreements whatsoever. : : Technically I rented a room from her because : she is the Head tenant of the place. My name : is not on the lease, because she is : "subletting" one of the rooms to : me. We never signed any form of agreement, : so do I still owe her this "60 days : notice ending on the last days of a rental : period"? I have been looking at all of : the sites for information about this matter, : and so far they all indicate that a month to : month rental requires 60 days notice. : However, according to www.cleo.ca, we are in : a licensor-licensee relationship and the law : of Landlord and Tenant does not apply to us. : Neither does the Commercial Tenancies Act or : RTA. : : At my last place, I rented from Tridel so : everything was precise and by the book. For : example, when I emailed them on Nov. 7, they : accepted my vacate day of Dec. 31. : : So back to my current situation: Is she : allowed to charge me an extra month's rent : for 7 days since there was no lease signed : and hence there is no pre-set date for a : monthly tenancy? I will still honor the 60 : day notice from the date of notification, : but I don't think I should be responsible : for the rent starting Nov.08 - Nov. 31. : : I will be very grateful if anyone can help : me out. : : Thanks! : : : : :

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