Re: 6 days short of 60 days

Posted by torontotenant on 3/9/2010, 8:44 pm, in reply to "Re: 6 days short of 60 days"

Thanks for your response. So today I got the letter from the property manager saying that I have to pay April's rent and that my first and last will be used for May. Since my lease expires at the end of April, I guess I will be considered month-to-month starting May 1st. Since I am no longer on a lease, can I try to find someone who is willing to pay for one month or do I need to find someone to take a one-year lease? Also, do I find someone before approaching the property manager or do I make the suggestion to get their agreement before finding a new tenant? Another question about tenancy: I am trying to convince my friend to stay here for May and give me the money to pay the rent. I would then send a notice to the landlord telling them that I want to revise my departure until May. I found the Landlord & Tenant Board webiste and it says "Tenant changes their mind - A tenant who made an agreement with their landlord to end their tenancy or gave the landlord a notice to end the tenancy may not be able to change their mind, unless the landlord agrees. If a tenant does not move out by the date they agreed to move, the landlord may apply to the Board to get an order to evict the tenant". I guess that I'm kinda preparing for the worst. So they can refuse to let me (i.e. my friend) stay here AND keep my last months rent? Thanks for your help. --Previous Message-- : A lot will depend on circumstances and then : the landlord's choice of whether to pursue : another month. : : Yes, your notice is 6 days short and that : leaves you with a liability for the May rent : (in full). However, there is a duty to : mitigate which means if the landlord can : re-rent the place for May 1, they will not : have suffered. If you find a replacement : tenant, that can solve the problem. Or you : might offer to pay for an ad if it is a : smaller place with no other vacancies. : : Did you give a last months rent deposit? If : so, let it ride for April...i.e, do not give : them a rent cheque for April. : : If nothing works and a new tenant is in : place, and you do not pay for May, they can : take legal action and recover the rent plus : filing fee costs. : : But maybe, you have a decent landlord who : will waive the 6 days short....the : superintendant is not the manager usually, : so it is not up to him. Ask to speak to the : manager. By the way, you can give notice : any time you want to, but it is a 60 day : "clear" notice...meaning you cant : split months. : : A tenant can move out any time they want : to,,,,the issue is legal liability for rent. : : One other option that does not seem to fit : in your case, is just revise the notice and : stay for the month of May. : : Hope that helps a bit. : : --Previous Message-- : My one-year lease ends at the end of May and : I : handed in my notice yesterday, March 7th. I : informed the landlord that I will not renew : the lease and the I will vacate the premises : on April 30th. At the start of May I will be : out of a job, the rent will be increased and : I will be moving out of town so I cannot : afford to pay more rent. : The superintendent left a voice message to : say that "this is short notice" : and to "call if you have any : questions". It sounded very ominous, : but there was no other information such as : if there is a penalty or if they are : refusing to accept the termination (is that : a possibility?). : Can anyone tell me what I can do in this : case? I intend to call the supervisor and : ask if they have any information to provide : to me above and beyond the telephone : message. I have paid all my rent on time and : I'm a quiet tenant, but if they decide to be : very strict, am I required by law to pay : them 60 days rent? If so, since I will not : be able to pay, what do you think will be : their next step? Ask for a week's rent on : top of the last month's deposit? Collection? : Small claims? Not sure how this works. Can I : find a subletter even though after April : 30th I will no longer have a lease, but will : be month-to-month? Oh! The voice message : also said that I had to give the notice at : the start of the month. From that I get the : impression that I couldn't have given them : my notice on March 3rd even if it was a full : 60-days. Is this the legal requirement? : Please help. I would like to call the super : tomorrow and get this resolved. Should I : even call? All they said was that this was : short notice. There was no letter or : anything on my door. : : :

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Message Thread 6 days short of 60 days - torontotenant 3/8/2010, 7:11 pm Re: 6 days short of 60 days - Dan McIntyre 3/8/2010, 7:41 pm Re: 6 days short of 60 days - BTL yb devol 3/12/2010, 7:47 am Re: 6 days short of 60 days - torontotenant 3/9/2010, 8:44 pm Re: 6 days short of 60 days - Dan McIntyre 3/9/2010, 9:07 pm « Back to index

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