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  #1  
Old 2012-06-23, 01:44 PM
thefinneys thefinneys is offline
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Default Giving landlord notice for new house!

Wondering if anyone can offer any advice with regards to us leaving our rental house to move to our new house in Findlay Creek.

I'm confused and have looked at the Ontario Landlord and Tenant act but cant' find an answer to my question specifically.

We signed a 2 year lease which ends on 15th September 2012 but pay our rent on the first of the month. I'm not sure if we needed to formally give 60 days notice, of course we would tell our landlord that we weren't staying past the lease. I think that since we paid first and last rent we would just give him 2 weeks for August and then stay til 15th September, is this right?

The only spanner is our house isn't ready til 20th September although are trying to close a week early and should know next week. If we don't close, it is realistic to expect him to allow us to stay an extra 5 days and just pay for those 5 days as we don't / can't pay a month's rent for the sake of 5 days and could go family if that was the case..

Thanks
Melanie
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Old 2012-06-23, 02:20 PM
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Did you pay a partial month at the start of the lease?
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Old 2012-06-23, 02:28 PM
thefinneys thefinneys is offline
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I can't actually recall what we paid, I'm in the process of trying to find my cheque stubbs! We definitely gave a months rent as last and 2 weeks for the end of September and I think we gave another month on top.
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Old 2012-06-23, 02:59 PM
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I would speak to LL about extending your rental period by one week (prorated cost).
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Old 2012-06-23, 05:25 PM
foxborough foxborough is offline
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It is my understanding that you have to give 60 days notice prior to the end of your lease. I don't think it has anything to do with when you pay your rent.

In your case, your lease is expiring September 15th so you would need to give notice by July 15th.

I got this from http://www.ontariotenants.ca/law/act05.phtml#RTA44

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).
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Last edited by foxborough; 2012-06-23 at 05:27 PM.
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Old 2012-06-23, 07:01 PM
coladin coladin is offline
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You must look at your lease and see what the terms are. many of my tenants move in mid-month however after they pay their half month their maturity date is always at the forst of the month. For example, you lease, if you were my tenant, would be September 1. Did you get a lease renewal form? A notice of increase? these are things you would have recieved at the end of May. All you have to do is tell your landlord you are going month to month and give notice on August 1 for October 1, 2012. You can also simply give notice for October 1. You will want those extra 10 days to settle in, trust me.
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Old 2012-06-24, 05:26 PM
thefinneys thefinneys is offline
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Quote:
Originally Posted by coladin View Post
You must look at your lease and see what the terms are. many of my tenants move in mid-month however after they pay their half month their maturity date is always at the forst of the month. For example, you lease, if you were my tenant, would be September 1. Did you get a lease renewal form? A notice of increase? these are things you would have recieved at the end of May. All you have to do is tell your landlord you are going month to month and give notice on August 1 for October 1, 2012. You can also simply give notice for October 1. You will want those extra 10 days to settle in, trust me.
No we got none of those, and I checked the lease and it says the lease ends 15th September. He's a fairly reasonable guy, i think I'll just email him and see what he says!
Thanks
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Old 2012-06-26, 03:13 PM
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According to the Landlord Tenant Act you are required to give your landlord a minimum of 60 days written notice with your intent to vacate.
I would notify your landlord ASAP ..cause the more notification he has..the better.
I would be incredibly surprised if your landlord allows your lease to expire mid-month...you may have moved in at the start of your lease mid-month and he had pro-rated it for you.
Generally a lease begins from the 1st and ends at the end of the month..so your last month's rent would be used for the month of Sept. ..regardless if you move out the 15th , 20th or the last day of Sept. , unless otherwise agreed to by the landlord in WRITING.
* my experience comes from many many years of property management & being a landlord myself
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Old 2012-06-27, 12:51 PM
thefinneys thefinneys is offline
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I would be incredibly surprised if your landlord allows your lease to expire mid-month...you may have moved in at the start of your lease mid-month and he had pro-rated it for you.
Generally a lease begins from the 1st and ends at the end of the month..so your last month's rent would be used for the month of Sept. ..regardless if you move out the 15th , 20th or the last day of Sept. , unless otherwise agreed to by the landlord in WRITING.
* my experience comes from many many years of property management & being a landlord myself [/QUOTE]


My landlord's daughter (with power of attorney) saw me in the street and asked what our plan was. I explained we are moving to a new house and would be giving notice but it was not ready until 20th September and asked if we could extend by another week. She didn't even think about it, said absolutely not and the lease was from 15th September for 2 years so we have to be out by 14th or pay another month. As first time buyers we really can't afford to pay a whole months rent for the sake of 5 days, and have to pay for the new house.
This saddens me, we've been model tenants, always paid on time, have spent our time and money on the house, ie in the garden, done odd jobs ourselves instead of calling them for every little thing, the owners of the house live next door, they are extremely elderly and in the winter I checked on them regularly, took them shopping.... I don't think a week, or 5 days, would have many any difference to them..they would have had time to spruce it up before leasing from 1st month and it would have made a difference to us, especially with 3 small children.
We are landlords too, we rent our house in England, and I think that good tenants are hard to find and a little bit of flexibility goes a long way.
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  #10  
Old 2012-07-09, 07:23 PM
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not sure you can do anything, but I would call the Tenant Inquiry phone and ask if there is a policy on partial month extensions

cost aside, having the flexibility that having 2 places for 3 weeks gives you is worth a lot

we always overlap by minimum 2 weeks

have you asked the builder if they can advance one week?
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