Toronto Tenants Unite!: Re: short notice to terminate lease

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Re: short notice to terminate lease

Posted by Dan McIntyre on 7/11/2009, 4:59 pm, in reply to "short notice to terminate lease"

This is a "it depends" type question.

First of all, you can move out any time you want to. The question is will you be liable for September rent.

The landlord would have to take legal action against you to collect the September rent. Depends on whether he does or not.

But before that can happen he has to try to re-rent the place. This is called mitigation of damages.

The general purpose of 60 days notice is to give the landlord adequate time to re-rent the unit.
If it is re-rented, and perhaps you can help with that, there are no damages.

the bluster of the ll is unfortunate. If they take legal action against you, and if they win, and if you pay up, there will be no damage to your credit rating.

Some adjudicators may also take into account that July 1 was a holiday.

You also state that the place is horrible...another option for you is to take the landlord to the LTB for any harassment or failure to maintain, and you can do this as a counter strategy if he tries to nail you on the technicality. These cases succeed or fail on the facts.

Please feel free to call us to discuss this further. Our hotline is 416-921-9494.

Good luck.

--Previous Message--
: I've had given my landlord what I thought was
: 60 days notice - July 3 - August 31 = 60
: days.
: Now I find out the last day - Aug 31 -
: cannot be counted. So turns out I gave 59
: days notice.
: Now my landlord sent me a note saying I have
: to resubmit the termination form again - for
: the end of September this time or they will
: take me to court and I will have to pay
: their legal fees and they will ruin my
: credit rating. Is there any way out, I've
: rented a new place for AUgust and just want
: to get me and my son out of this horrible
: place. Thank you!!!!
:

Message Thread:

short notice to terminate lease - chloe 7/9/2009, 8:43 pm
- Re: short notice to terminate lease - Gerry 7/13/2009, 3:02 pm
- Re: short notice to terminate lease - Dan McIntyre 7/11/2009, 4:59 pm
- Re: short notice to terminate lease - Ken S. 7/11/2009, 1:41 pm
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--Previous Message-- : This is a "it depends" type : question. : : First of all, you can move out any time you : want to. The question is will you be liable : for September rent. : : The landlord would have to take legal action : against you to collect the September rent. : Depends on whether he does or not. : : But before that can happen he has to try to : re-rent the place. This is called mitigation : of damages. : : The general purpose of 60 days notice is to : give the landlord adequate time to re-rent : the unit. : If it is re-rented, and perhaps you can help : with that, there are no damages. : : the bluster of the ll is unfortunate. If : they take legal action against you, and if : they win, and if you pay up, there will be : no damage to your credit rating. : : Some adjudicators may also take into account : that July 1 was a holiday. : : You also state that the place is : horrible...another option for you is to take : the landlord to the LTB for any harassment : or failure to maintain, and you can do this : as a counter strategy if he tries to nail : you on the technicality. These cases succeed : or fail on the facts. : : Please feel free to call us to discuss this : further. Our hotline is 416-921-9494. : : Good luck. : : : : : --Previous Message-- : I've had given my landlord what I thought : was : 60 days notice - July 3 - August 31 = 60 : days. : Now I find out the last day - Aug 31 - : cannot be counted. So turns out I gave 59 : days notice. : Now my landlord sent me a note saying I have : to resubmit the termination form again - for : the end of September this time or they will : take me to court and I will have to pay : their legal fees and they will ruin my : credit rating. Is there any way out, I've : rented a new place for AUgust and just want : to get me and my son out of this horrible : place. Thank you!!!! : : :

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