30 day notice

[OlegP]

Hello Ontario landlords!

Does anybody know what the law actually states in the case of a tenant wanting to move out 6 months into their 12-months lease, and serving me a 30 day notice.

I see two violations : a) technically they owe me another 6 months of rents, b) they have to pay me for another 60 days

So the way I see it is they have to pay for this month (which they did), next month, and then I get to keep their last month rent because they are trying to get out of the contract. Of course, that`s just my interpretation of the law, and I know that frequently landlords and tenants negotiate some kind of an arrangement in this situation. However, I am curious if anybody knows what the law in Ontario says about this.

Thanks.
Oleg

 

[invst4profit]

http://www.ontariolandlord.ca/forum/viewto...53537ba1091d31f


This is a link to another site which recently had a similar question asked.
The key point is to not accept the short notice and be pro active in dealing with your tenant.
Explain the rules in writing as most tenants are quite ignorant of the regulations.

You should access the RTA web site and print out the related articles to give to your tenant.
You need to be tough but at the same time make an effort to find a new tenant to support your claim with the LTB.

Start the process immediately by serving the appropriate notices keeping in mind this will shortly be an ex-tenant that is in the process of running out on a legal contract. You are the one being shafted by a ungrateful tenant so there is no reason to be nice. Strictly business.

http://www.ontariotenants.ca/law/act.phtml

Read up on the act. In Ontario if you want to survive in this business you need to know it.

 

[ShannonMurree]

QUOTE (OlegP @ Sep 2 2009, 11:21 PM) Hello Ontario landlords!

Does anybody know what the law actually states in the case of a tenant wanting to move out 6 months into their 12-months lease, and serving me a 30 day notice.

I see two violations : a) technically they owe me another 6 months of rents, b) they have to pay me for another 60 days

So the way I see it is they have to pay for this month (which they did), next month, and then I get to keep their last month rent because they are trying to get out of the contract. Of course, that`s just my interpretation of the law, and I know that frequently landlords and tenants negotiate some kind of an arrangement in this situation. However, I am curious if anybody knows what the law in Ontario says about this.

Thanks.
Oleg

30 Days notice is only acceptable if tenancy a daily or week-to-week tenancy basis. To terminate tenancy whether the tenant should serve you with this form: http://www.ltb.gov.on.ca/graphics/stel02_111572.pdf (which also clearly indicates the term). Your written lease is a contract and unless you mutually agree by completing this form (N11) http://www.ltb.gov.on.ca/graphics/stel02_111574.pdf the tenant is legally on the hook.

What I do for tenants is tell them I will sign the release, and will return their deposit if they help get someone else to cover. They can sub-lease or agree to help advertise and get the unit rented out. Of course I process the applications/references and do my due diligence. If not, they can face the other alternatively by being on the hook and I consult my lawyer to proceed with civil action because I would want to get a Judgement and file a claim. Given this, the tenant usually chooses the first action.