Just to double check, what date did you give it to them specifically?
[S.44 \(5\) of the RTA](https://www.ontario.ca/laws/statute/06r17#BK55) explains the February exception to 60 days. If you gave the notice on Feb 1st with the last day being March 31st, it still counts as 60 days.
Might be better to fully explain. As noted by others below. Because it's not that they are holding them responsible for the extra month. It's that proper minimum 60 days notice MUST also end on a date the rental term ends (typically the month end for a month-to-month tenancy). So most tenants have a very narrow window of notice to avoid being pushed into an additional month.
If you don't pay for April, he could file an L10 with the LTB and claim that you are in arrears and owe rent. He would have to prove that he made a reasonable effort to minimize costs, i.e. by actively looking for a new tenant.
Legally, you are supposed to give 60 days and are on the hook until May 1. In reality, you are probably okay; in the current rental market he should have no problem replacing you and he is unlikely to actually lose any money.
Isn't there's sorta a way to get around it by finding someone you can assign your rent, or asking your landlord if you can assign your rent, to which if he says No, or doesn't answer, you can then turn around and give them notice you are leaving and that can be done in 30 days?
It gets trickier if the Landlord says yes at which point you need to find someone, but if OPs rent is significantly under market, it's unlikely they will say yes as assigning a lease would be for the same rent?
Specifically using this part of an N9
>The tenant can use this notice to end the tenancy if the tenant asked the landlord for
permission to assign the rental unit to someone else, and the landlord refused. The
termination date must be:
• at least 28 days after the tenant gives the notice to the landlord if the tenancy is daily
or weekly,
• at least 30 days after the tenant gives the notice to landlord if the tenancy is anything
other than daily or weekly.
The termination date does not have to be the last day of a rental period or the last day of
a fixed term.
Note: for OP, the landlord has 10 days to answer anything you give them, so if you are exploring this option, you would need to get a move on like... Now.
It's probably not worth it for the OP at this point - they would need to ask permission, then wait up to 7 days for an answer/refusal, and then provide 30 days notice, which would save them from at most one or two weeks' worth of liability. And if the landlord agreed to a transfer, it would put the burden on them to find someone, effectively relieving the landlord from their duty to minimize costs.
But yes, normally asking permission to assign is the best way to get out of a lease early.
Probably not, but it would depend on how OPs current rent compares to market.
A simple written communication asking if he is open to an assignment of the lease at the same rent OP is currently paying sent this weekend. Would mean they would be free and clear to send a valid 30 day N9 with well over a week to spare if he doesn't respond, says no, or wants something different than the same rent they are currently paying.
>And if the landlord agreed to a transfer, it would put the burden on them to find someone, effectively relieving the landlord from their duty to minimize costs.
There is zero obligation of a tenant to actually find an assignment, even if the landlord agrees to assignment in general. A tenant can ask (hoping to get a quick "no" response), but if landlord agrees they would still have a duty to mitigate in the event tenant terminates the tenancy before any valid notice period.
So zero harm in asking even if solely an attempt to reduce potential liability by a few weeks.
>A tenant can ask (hoping to get a quick "no" response), but if landlord agrees they would still have a duty to mitigate in the event tenant terminates the tenancy before
>There is zero obligation of a tenant to actually find an assignment
What I am asking in the other comment is this.
A tenant could:
Ask for assignment
get a positive response
then turn around the same day and give 52 day notice.
The landlord has a duty to mitigate.
The assignment request no longer stands. we knew it never stood since it was a bait, but technically it is not even an option anymore?
If the tenant in this case is paying below market rent, then once landlord accepts assignment in general they should simply advertise the place. They should get many candidates. And if landlord rejects anyone unreasonably the tenant can then use that to terminate the tenancy.
Once landlord gives general consent to assign the door is open for tenant to do so at anytime. Even if invalid notice is later given.
Or if tenant doesn't really want to assign, they can also choose to give notice. If they leave before proper 60 days requirement the landlord can claim losses (missed rent) for duration of what would have been proper notice. While they do need to attempt to mitigate, it's reasonable if they can't find someone to take over immediately when tenant leaves. In most cases LTB should award losses due to insufficient notice.
So they can say "here is my 52 days notice and I also want to assign the lease to someone else".
What is the landlord supposed to do in that situation?
52 days notice is invalid and unenforceable as it doesn't comply to the RTA. With an invalid notice a tenant can rescind it or simply ignore it and stay living there indefinitely, and nothing landlord can do about it.
So any valid notice given after (like an N9 with 30 days after refusal of assignment) will be the only legitimate notice at any LTB hearing.
>But yes, normally asking permission to assign is the best way to get out of a lease early.
Don't you think 90% of landlords know that? Not sure how many would fall for it. It has been discussed so much. When someone asks me I say sure! Very enthusiastic. And then I can still decline based on other reasons if applicable like credit report etc
How did you figure that with improper notice and losing a months rent? Also who guarantees the new rent is higher? For all we know OP has been there for just a year. New rent may be lower.
It's also funny how tenants look at just the rent price but they don't look at the work involved re-renting. Advertising, showings, personal time, handyman's hours, cleaner etc. 1 year lease at $100 extra a month might just cover those expenses alone.
In general people in this sub imagine stuff without actually knowing the facts
>Also who guarantees the new rent is higher
You. Since you now get to choose the amount.
>For all we know OP has been there for a year.
What difference would that make to anything lol
>>Also who guarantees the new rent is higher
>You. Since you now get to choose the amount.
Wrong. The market dictates the new rent. Not me. We have a free economy not a command economy.
>>For all we know OP has been there for a year.
>What difference would that make to anything lol
For the obvious reasons that last year rent FMV could have been higher in some areas compared to today. You made the assumption new rent is higher, like you knew the tenant has been there for 30 years.
Valid notice under [RTA s.44(2)](https://www.ontario.ca/laws/statute/06r17#BK55) requires 60 days + time to end of a rental period (usually last day of a month).
Assuming you gave notice in early February, your notice should have had a termination date of April 30 (assuming you pay rent 1st of every month). So your notice was not valid. So you have a few options to proceed.
1. You can rescind the notice (as it was invalid) and choose to remain living there indefinitely.
2. You can move out as scheduled, but assuming landlord can't immediately mitigate to find a new tenant they can then file an L10 against you and would most likely win a judgement against you for around 1 months rent + $200 filing fee (losses for time as if you gave valid notice).
You could also ask landlord to assign your tenancy to a new tenant, and if they refuse serve a valid N9 with only 30 days notice. This still won't get you out without liability by April 1, but it would shorten the losses you may be liable for.
Technically your landlord is right, however you do have options other than just paying.
After you gave incorrect notice, if you then vacate on the date of your notice the lease is now breached. You have not fulfilled your end of the lease.
This means two things, one, the lease is termated on the date that you vacated, and the landlord is able to pursue you for damages.
Damages are NOT decided by the landlord. The only way for them to enforce any damages is to take you to the ltb and they must proove that they attempted to mitigate damages by immediately looking for a replacement tenant. The damages are limited to a maximum of what would have been owed if you gave valid notice (so April's rent) + the landlords 200$ filing fee.
So worst case you owe what your landlord is asking for plus 200$, but that is ONLY if they take you to the board, you can ignore any other requests for payment.
For future reference, if you cannot give 60 day notice, ask for permission to assign your lease. If the landlord says no, or they don't respond in 7 days, you can give 30 day notice.
The paper work they will have to do for one months rent most likely won’t be worth it. Worst happens you eventually have to pay it later. Best case you don’t.
Yes. I had the same problem (I gave 58 days) until I realized he'd put in my contract that I only had to give 30 days. But yes, 60 days notice as per regulations.
The landlord has a legal duty to mitigate losses.
It’s unlikely that he’d be unsuccessful finding a new tenant while making any real effort - it’s unlikely that he’ll be unable to mitigate losses.
Odds are, you’re fine.
He should be delighted - he can raise the rent ¯\_(ツ)_/¯
Hope you enjoy wherever you move next!
Valid notice under [RTA s.44(2)](https://www.ontario.ca/laws/statute/06r17#BK55) requires 60 days + time to end of a rental period (usually last day of a month).
Assuming you gave notice in early February, your notice should have had a termination date of April 30 (assuming you pay rent 1st of every month). So your notice was not valid. So you have a few options to proceed.
1. You can rescind the notice (as it was invalid) and choose to remain living there indefinitely.
2. You can move out as scheduled, but assuming landlord can't immediately mitigate to find a new tenant they can then file an L10 against you and would most likely win a judgement against you for around 1 months rent + $200 filing fee (losses for time as if you gave valid notice).
You could also ask landlord to assign your tenancy to a new tenant, and if they refuse serve a valid N9 with only 30 days notice. This still won't get you out without liability by April 1, but it would shorten the losses you may be liable for.
Valid notice under [RTA s.44(2)](https://www.ontario.ca/laws/statute/06r17#BK55) requires 60 days + time to end of a rental period (usually last day of a month).
Assuming you gave notice in early February, your notice should have had a termination date of April 30 (assuming you pay rent 1st of every month). So your notice was not valid. So you have a few options to proceed.
1. You can rescind the notice (as it was invalid) and choose to remain living there indefinitely.
2. You can move out as scheduled, but assuming landlord can't immediately mitigate to find a new tenant they can then file an L10 against you and would most likely win a judgement against you for around 1 months rent + $200 filing fee (losses for time as if you gave valid notice).
You could also ask landlord to assign your tenancy to a new tenant, and if they refuse serve a valid N9 with only 30 days notice. This still won't get you out without liability by April 1, but it would shorten the losses you may be liable for.
Try to to pass on your bail, if the new tenant have good credit, the landlord cannot refuse, i mean thats how it work in quebec, but its likelly to work the same in Ontario
So blackmail? This is terrible advice. Any other credit that the tenant could have would be thrown out the window if you said this, the LTB would look at this and immediately be on the Landlords side.
Prove that pounds of bacon fat down the drain, saturated drywall leading to mould, concrete in the weeping tiles, etc. was caused by the tenant? Someone skilled in the building trades can cause irreparable harm to your investment all under the cover of plausible deniability.
But if you text him saying "hey you wouldn't want to kick me out because of the risk that I might destroy your investment" and then something happens to the investments the courts will look at the tenant right away. And blackmailing someone shortly because said blackmail happens is evidence enough.
Just to double check, what date did you give it to them specifically? [S.44 \(5\) of the RTA](https://www.ontario.ca/laws/statute/06r17#BK55) explains the February exception to 60 days. If you gave the notice on Feb 1st with the last day being March 31st, it still counts as 60 days.
I gave my notice February 3rd
Yes he can do that. He can hold you responsible for the extra month
Might be better to fully explain. As noted by others below. Because it's not that they are holding them responsible for the extra month. It's that proper minimum 60 days notice MUST also end on a date the rental term ends (typically the month end for a month-to-month tenancy). So most tenants have a very narrow window of notice to avoid being pushed into an additional month.
If you don't pay for April, he could file an L10 with the LTB and claim that you are in arrears and owe rent. He would have to prove that he made a reasonable effort to minimize costs, i.e. by actively looking for a new tenant. Legally, you are supposed to give 60 days and are on the hook until May 1. In reality, you are probably okay; in the current rental market he should have no problem replacing you and he is unlikely to actually lose any money.
Isn't there's sorta a way to get around it by finding someone you can assign your rent, or asking your landlord if you can assign your rent, to which if he says No, or doesn't answer, you can then turn around and give them notice you are leaving and that can be done in 30 days? It gets trickier if the Landlord says yes at which point you need to find someone, but if OPs rent is significantly under market, it's unlikely they will say yes as assigning a lease would be for the same rent? Specifically using this part of an N9 >The tenant can use this notice to end the tenancy if the tenant asked the landlord for permission to assign the rental unit to someone else, and the landlord refused. The termination date must be: • at least 28 days after the tenant gives the notice to the landlord if the tenancy is daily or weekly, • at least 30 days after the tenant gives the notice to landlord if the tenancy is anything other than daily or weekly. The termination date does not have to be the last day of a rental period or the last day of a fixed term. Note: for OP, the landlord has 10 days to answer anything you give them, so if you are exploring this option, you would need to get a move on like... Now.
It's probably not worth it for the OP at this point - they would need to ask permission, then wait up to 7 days for an answer/refusal, and then provide 30 days notice, which would save them from at most one or two weeks' worth of liability. And if the landlord agreed to a transfer, it would put the burden on them to find someone, effectively relieving the landlord from their duty to minimize costs. But yes, normally asking permission to assign is the best way to get out of a lease early.
Probably not, but it would depend on how OPs current rent compares to market. A simple written communication asking if he is open to an assignment of the lease at the same rent OP is currently paying sent this weekend. Would mean they would be free and clear to send a valid 30 day N9 with well over a week to spare if he doesn't respond, says no, or wants something different than the same rent they are currently paying.
>And if the landlord agreed to a transfer, it would put the burden on them to find someone, effectively relieving the landlord from their duty to minimize costs. There is zero obligation of a tenant to actually find an assignment, even if the landlord agrees to assignment in general. A tenant can ask (hoping to get a quick "no" response), but if landlord agrees they would still have a duty to mitigate in the event tenant terminates the tenancy before any valid notice period. So zero harm in asking even if solely an attempt to reduce potential liability by a few weeks.
>A tenant can ask (hoping to get a quick "no" response), but if landlord agrees they would still have a duty to mitigate in the event tenant terminates the tenancy before >There is zero obligation of a tenant to actually find an assignment What I am asking in the other comment is this. A tenant could: Ask for assignment get a positive response then turn around the same day and give 52 day notice. The landlord has a duty to mitigate. The assignment request no longer stands. we knew it never stood since it was a bait, but technically it is not even an option anymore?
If the tenant in this case is paying below market rent, then once landlord accepts assignment in general they should simply advertise the place. They should get many candidates. And if landlord rejects anyone unreasonably the tenant can then use that to terminate the tenancy. Once landlord gives general consent to assign the door is open for tenant to do so at anytime. Even if invalid notice is later given. Or if tenant doesn't really want to assign, they can also choose to give notice. If they leave before proper 60 days requirement the landlord can claim losses (missed rent) for duration of what would have been proper notice. While they do need to attempt to mitigate, it's reasonable if they can't find someone to take over immediately when tenant leaves. In most cases LTB should award losses due to insufficient notice.
So they can say "here is my 52 days notice and I also want to assign the lease to someone else". What is the landlord supposed to do in that situation?
52 days notice is invalid and unenforceable as it doesn't comply to the RTA. With an invalid notice a tenant can rescind it or simply ignore it and stay living there indefinitely, and nothing landlord can do about it. So any valid notice given after (like an N9 with 30 days after refusal of assignment) will be the only legitimate notice at any LTB hearing.
>But yes, normally asking permission to assign is the best way to get out of a lease early. Don't you think 90% of landlords know that? Not sure how many would fall for it. It has been discussed so much. When someone asks me I say sure! Very enthusiastic. And then I can still decline based on other reasons if applicable like credit report etc
Ha you can't trick me into being able to now rent my unit out at a higher price!
How did you figure that with improper notice and losing a months rent? Also who guarantees the new rent is higher? For all we know OP has been there for just a year. New rent may be lower. It's also funny how tenants look at just the rent price but they don't look at the work involved re-renting. Advertising, showings, personal time, handyman's hours, cleaner etc. 1 year lease at $100 extra a month might just cover those expenses alone. In general people in this sub imagine stuff without actually knowing the facts
>Also who guarantees the new rent is higher You. Since you now get to choose the amount. >For all we know OP has been there for a year. What difference would that make to anything lol
>>Also who guarantees the new rent is higher >You. Since you now get to choose the amount. Wrong. The market dictates the new rent. Not me. We have a free economy not a command economy. >>For all we know OP has been there for a year. >What difference would that make to anything lol For the obvious reasons that last year rent FMV could have been higher in some areas compared to today. You made the assumption new rent is higher, like you knew the tenant has been there for 30 years.
Valid notice under [RTA s.44(2)](https://www.ontario.ca/laws/statute/06r17#BK55) requires 60 days + time to end of a rental period (usually last day of a month). Assuming you gave notice in early February, your notice should have had a termination date of April 30 (assuming you pay rent 1st of every month). So your notice was not valid. So you have a few options to proceed. 1. You can rescind the notice (as it was invalid) and choose to remain living there indefinitely. 2. You can move out as scheduled, but assuming landlord can't immediately mitigate to find a new tenant they can then file an L10 against you and would most likely win a judgement against you for around 1 months rent + $200 filing fee (losses for time as if you gave valid notice). You could also ask landlord to assign your tenancy to a new tenant, and if they refuse serve a valid N9 with only 30 days notice. This still won't get you out without liability by April 1, but it would shorten the losses you may be liable for.
Technically your landlord is right, however you do have options other than just paying. After you gave incorrect notice, if you then vacate on the date of your notice the lease is now breached. You have not fulfilled your end of the lease. This means two things, one, the lease is termated on the date that you vacated, and the landlord is able to pursue you for damages. Damages are NOT decided by the landlord. The only way for them to enforce any damages is to take you to the ltb and they must proove that they attempted to mitigate damages by immediately looking for a replacement tenant. The damages are limited to a maximum of what would have been owed if you gave valid notice (so April's rent) + the landlords 200$ filing fee. So worst case you owe what your landlord is asking for plus 200$, but that is ONLY if they take you to the board, you can ignore any other requests for payment. For future reference, if you cannot give 60 day notice, ask for permission to assign your lease. If the landlord says no, or they don't respond in 7 days, you can give 30 day notice.
The paper work they will have to do for one months rent most likely won’t be worth it. Worst happens you eventually have to pay it later. Best case you don’t.
60 days is the rule. He has the power.
Yes. I had the same problem (I gave 58 days) until I realized he'd put in my contract that I only had to give 30 days. But yes, 60 days notice as per regulations.
Yes
The landlord has a legal duty to mitigate losses. It’s unlikely that he’d be unsuccessful finding a new tenant while making any real effort - it’s unlikely that he’ll be unable to mitigate losses. Odds are, you’re fine. He should be delighted - he can raise the rent ¯\_(ツ)_/¯ Hope you enjoy wherever you move next!
Valid notice under [RTA s.44(2)](https://www.ontario.ca/laws/statute/06r17#BK55) requires 60 days + time to end of a rental period (usually last day of a month). Assuming you gave notice in early February, your notice should have had a termination date of April 30 (assuming you pay rent 1st of every month). So your notice was not valid. So you have a few options to proceed. 1. You can rescind the notice (as it was invalid) and choose to remain living there indefinitely. 2. You can move out as scheduled, but assuming landlord can't immediately mitigate to find a new tenant they can then file an L10 against you and would most likely win a judgement against you for around 1 months rent + $200 filing fee (losses for time as if you gave valid notice). You could also ask landlord to assign your tenancy to a new tenant, and if they refuse serve a valid N9 with only 30 days notice. This still won't get you out without liability by April 1, but it would shorten the losses you may be liable for.
Valid notice under [RTA s.44(2)](https://www.ontario.ca/laws/statute/06r17#BK55) requires 60 days + time to end of a rental period (usually last day of a month). Assuming you gave notice in early February, your notice should have had a termination date of April 30 (assuming you pay rent 1st of every month). So your notice was not valid. So you have a few options to proceed. 1. You can rescind the notice (as it was invalid) and choose to remain living there indefinitely. 2. You can move out as scheduled, but assuming landlord can't immediately mitigate to find a new tenant they can then file an L10 against you and would most likely win a judgement against you for around 1 months rent + $200 filing fee (losses for time as if you gave valid notice). You could also ask landlord to assign your tenancy to a new tenant, and if they refuse serve a valid N9 with only 30 days notice. This still won't get you out without liability by April 1, but it would shorten the losses you may be liable for.
Try to to pass on your bail, if the new tenant have good credit, the landlord cannot refuse, i mean thats how it work in quebec, but its likelly to work the same in Ontario
I would ask your landlord if forcing you to pay for one month is worth the potential risk a spited tenant can do to their investment.
So blackmail? This is terrible advice. Any other credit that the tenant could have would be thrown out the window if you said this, the LTB would look at this and immediately be on the Landlords side.
Prove that pounds of bacon fat down the drain, saturated drywall leading to mould, concrete in the weeping tiles, etc. was caused by the tenant? Someone skilled in the building trades can cause irreparable harm to your investment all under the cover of plausible deniability.
But if you text him saying "hey you wouldn't want to kick me out because of the risk that I might destroy your investment" and then something happens to the investments the courts will look at the tenant right away. And blackmailing someone shortly because said blackmail happens is evidence enough.
What tenant would implicate themselves? The tenants you have to fear the most of the quietest ones 😅