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Re: 6 days short of 60 days
Posted by Dan McIntyre on 3/9/2010, 9:07 pm, in reply to "Re: 6 days short of 60 days"
responding to the second paragraph, it is always easier to find a permanent tenant, and the landlord can jack the rent so they should be happy. |
As for your third paragraph, be very very careful. You are permitted to have guests, but you are fully responsible, and if I understand correctly you will be out of town.
The best solution remains finding a permanent new tenant for May 1.
: 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
: 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
: 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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