Help re:termination clause

[gsicilia]

I just got a call from one of my tenants giving me the end of MAY as the last day for tenancy. I thanked and told him that I would start looking for a new tenant but that I needed 60 days as per agreement in case. I later looked at the contract and noticed that I had somehow deleted the 60 days notification clause. I am less worried with this property, but I did check my agreements elsewhere and noticed the same oversights?



Here is the question? Is it possible to amend the lease agreement (in ONTARIO) to add the 60 day notification clause? If so how should it be done. THX

 

[Thomas Beyer]

[quote user=gsicilia]Is it possible to amend the lease agreement (in ONTARIO)
no, unless tenant agrees to it (perhaps for a consideration, such as cash or a rent reduction)

 

[gsicilia]

Thx Thomas..........."So if the tenant agrees"....does this mean a new agreement to be resigned by all parties or just an addendum to add the clause? On another note is there a minimum covered by the tenants board for a tenant to notify a landlord?

 

[JoshOttawa]

In Ontario, 60 day notice is required by the Residential Tenancy Act. Assuming a monthly tenancy:

"Period of notice, monthly tenancy


(2) A notice under section 47, 58 or 144 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period. 2006, c. 17, s. 44 (2)."



Therefore it is not required to have it in the tenancy agreement, although it can't hurt to educate the tenants.

 

[invst4profit]

Josh is correct anything in the RTA applies and does not necessarily need to be mentioned in the actual lease.

On the reverse anything in the lease not mentioned in the RTA is not enforceable by the LTB.

Generally any language in a lease, not referred to in the RTA, which is disputed by a tenant is made void by the LTB in tenant friendly Ontario..