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check out time in ON when Tenant is vacating?

RArora

RArora

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May 12, 2008
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I have a tenant who has assigned their remaining part of a 2 yr lease to new tenants n is supposed to move out today (31st). till what time are they supposed to leave the home so that I can get the cleaning crew/maintenance guy in?

do they have the home till 11:59pm on the last day or is it earlier?

thanks
 
They have until midnight both ethically and logically.
 
In your lease, you may specify a specific time. My sons have rented a number of properties as students and there is usually a time specified.
 
A LL may specify a time however in Ontario it is not enforceable.
Any language a LL in Ontario adds to the lease agreement that is not included in the RTA or contravenes any language in the RTA is not enforceable.
Since the act does not state that a LL may specify a move out time a tenant is not held to any agreement that includes a specific move out time. They still have until midnight.
 
What is the date that a tenant is required to vacate - is it the last day of the month, i.e. Aug 31, or is it Sept 1.
I am a new landlord and would appreciate comments on how other landlords handle the monve-out/move-in process in order to make the unit clean for the new tenant.
Thanks
 
Tenants have legal possession of there rental unit up to midnight on the last day of the month.
Preparation for a new tenant often means a month without rental income depending on how much damage the previous tenant did to the property.
If a tenant vacates early you can get in to clean but this often means pulling a all nighter.
 
QUOTE (invst4profit @ Sep 4 2009, 10:53 AM) Tenants have legal possession of there rental unit up to midnight on the last day of the month.
Preparation for a new tenant often means a month without rental income depending on how much damage the previous tenant did to the property.
If a tenant vacates early you can get in to clean but this often means pulling a all nighter.

Crappy part is in Ontario we can`t have a holdback or a deposit to pay for damage or cleaning once they leave. One of the downsides to being a landlord.
 
Great topic!! I`ve been wondering about this and really wonder if every landlord actually loses a full months rent just for the sake of cleaning an apartment/house for 1 day. Seems like a really high penalty. As was pointed out, to get it done, it almost surely means pulling an all-nighter. I guess even if they left at midnight, 8 hours MIGHT be enough time to do a good cleaning and have it ready for 8AM. More time is always better obviously...........
Is this the norm?

Has anyone tried giving incentives to be out by 6PM...or 4PM...or noon! I was thinking, instead of losing $1000 for a months rent, you pay them $250 to be out early??? Cash on receipt of key by specified time.

John Soucie
 
Problem is that there is usually a lot more than just cleaning to do. Dry wall repair, painting, carpet cleaning, leaking fixtures, broken items plus cleaning floor to ceiling and all appliances. There is often a long list of minor and major repairs to do that the tenants never told the LL about.

Brian when you get your show up and running you should have features on actually being a LL in Ontario not just an investor. Point out the shortcomings of the RTA and how important it is for investors to learn the act.
Many, including myself, believe being a LL in Ontario is hostile territory.
 
Another awesome post
To edit it - long list of minor and major repairs CAUSED by the tenants that they never told the landlord about.

QUOTE (invst4profit @ Sep 4 2009, 03:43 PM) Problem is that there is usually a lot more than just cleaning to do. Dry wall repair, painting, carpet cleaning, leaking fixtures, broken items plus cleaning floor to ceiling and all appliances. There is often a long list of minor and major repairs to do that the tenants never told the LL about.

Brian when you get your show up and running you should have features on actually being a LL in Ontario not just an investor. Point out the shortcomings of the RTA and how important it is for investors to learn the act.
Many, including myself, believe being a LL in Ontario is hostile territory.
 
April Stewart, one of the better-known legal reps in Ontario, has explained that the move-out time of 11:59 pm is not always accepted by Ontario ajudicators.
 
Would you care to elaborate on that statement. Since very few people know who April is maybe you could pass on the information you have.
Do the adjudicators feel they must be out sooner or are you implying that they feel the tenant may have into the 1st of the next month.
Are there case files to support her opinion.
 
QUOTE (invst4profit @ Sep 5 2009, 06:59 AM) Would you care to elaborate on that statement. Since very few people know who April is maybe you could pass on the information you have.
Do the adjudicators feel they must be out sooner or are you implying that they feel the tenant may have into the 1st of the next month.
Are there case files to support her opinion.
I own 20 + rentals in Ontario and am always trying to learn more about the insane RTA we have.

April Stewart is nicknamed "The Terminator" and is one of the busiest landlord legal reps in Ontario. I am only praising her because when I was in a sticky situation from a pro tenant (and her Mother who was out to destroy me just because she thought she could!) April saved me from what could have been a very difficult problem. At the time, I had own rentals for over 10 years, screened well, you name it. But the RTA changed in 07 and Legal Aid which now represents ANY TENANTS at the Tribunal Hearings is getting more funding and becoming more aggressive. Legal Aid has a special program in Ontario called Duty Counsel paid for by our taxes just to roam the hallways at Tribunal Hearings and will rep any tenants, they don`t ask about financial need.

April even has her own bad tenants list of people she has personally evicted. Her website is www.landlordlegal.ca.

She is a regular at www.ontariolandlord.ca

In Ontario it`s really a mine-field and you have to be really careful. Things can be going well for a year or two and then boom.

Beeg
 
I did not mean to elaborate about April I meant about your statement regarding the adjudicators and move out time.
 
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