60 days notice period

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Apr 22nd, 2020 10:15 pm

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Apr 19th, 2020 9:43 pm

beancounter6 [OP]: Member; Jul 25, 2019; 359 posts; 145 upvotes

Apr 19th, 2020 9:43 pm

60 days notice period

Apologies if this has been asked before, but can someone clarify the Ontario rules for ending a tenancy agreement?

My lease says:

The tenant may end a tenancy by giving the landlord proper notice using the appropriate Landlord and Tenant Board form. They must give:
• at least 60 days’ notice if they have a monthly or fixed term tenancy
For a fixed term tenancy, the notice cannot be effective before the last day of the fixed term. For a monthly or weekly tenancy, the notice must be effective on the last day of a rental period (e.g. month or week).

If I want to move out on June 30, what is the last date I need to give notice on? If I count back 60 days, I get May 2nd. Does that mean I need to give notice on the 1st?

Also stupid question, but do people normally move on the last day of the month, or the first? How does this work?

Thanks in advance

Last edited by beancounter6 on Apr 19th, 2020 10:48 pm, edited 1 time in total.

8 replies

Apr 19th, 2020 9:49 pm

mazerbeaner: Deal Guru; Feb 22, 2011; 10150 posts; 12559 upvotes; Toronto

Apr 19th, 2020 9:49 pm

I am not sure about May 1 vs May 2 but your rental payment is for the month so you would have to move out on the last day of the month. If you stay an extra day you would have to pay 1/30 of the rent for the extra day.

Apr 19th, 2020 10:01 pm

CNeufeld: Deal Guru; Mar 23, 2008; 12088 posts; 8378 upvotes; Edmonton

Apr 19th, 2020 10:01 pm

beancounter6 wrote: ↑ Apologies if this has been asked before, but can someone clarify the Ontario rules for ending a tenancy agreement?

My lease says:

The tenant may end a tenancy by giving the landlord proper notice using the appropriate Landlord and Tenant Board form. They must give:
• at least 60 days’ notice if they have a monthly or fixed term tenancy
For a fixed term tenancy, the notice cannot be effective before the last day of the fixed term. For a monthly or weekly tenancy, the notice must be effective on the last day of a rental period (e.g. month or week).

If I want to move out on July 31, what is the last date I need to give notice on? If I count back 60 days, I get May 2nd. Does that mean I need to give notice on the 1st?

Also stupid question, but do people normally move on the last day of the month, or the first? How does this work?

Thanks in advance

Your lease typically goes to 11:59 on the last day of the month. So you need to be all out by then, unless you arrange something else with your landlord.

As far as notice goes, you just have to give at LEAST 60 days. Giving an extra days notice isn’t going to hurt anything, rather than trying to cut things fine.

C

Apr 19th, 2020 10:12 pm

licenced: Deal Fanatic; Jul 3, 2011; 5792 posts; 2956 upvotes; Thornhill

Apr 19th, 2020 10:12 pm

As your post mentioned, to be clear, the 60 days depends on what is the last day of a rental period.

If your payment is from the first of the month and you want to move on July 31, the very last day your landlord must receive your notice by is June 1. Days count from the next day so June 1 to June 30 is 29 days plus 31 in July to total 60.

It's best not to take chances, give as much notice as you can an avoid confusion.

Apr 19th, 2020 10:48 pm

beancounter6 [OP]: Member; Jul 25, 2019; 359 posts; 145 upvotes

Apr 19th, 2020 10:48 pm

licenced wrote: ↑ As your post mentioned, to be clear, the 60 days depends on what is the last day of a rental period.

If your payment is from the first of the month and you want to move on July 31, the very last day your landlord must receive your notice by is June 1. Days count from the next day so June 1 to June 30 is 29 days plus 31 in July to total 60.

It's best not to take chances, give as much notice as you can an avoid confusion.

Thanks.

Typo in my post, I meant June 30th but you’re point still stands.

We are in the process for looking for a new place (obviously challenging at the moment), and wanted to double check the last possible day I could give notice before rolling over another month. No where is there a practical example of how to count the 60 days.

Separately, logistically speaking, how do most ppl transition / move. If my lease is up on the last day of the month, but I can’t move in until the first.. how does this work? Do most ppl just move in on the last day as well?

Thanks in advance. I’ve previously lived in the UK where this process is very different.

Apr 19th, 2020 11:11 pm

licenced: Deal Fanatic; Jul 3, 2011; 5792 posts; 2956 upvotes; Thornhill

Apr 19th, 2020 11:11 pm

beancounter6 wrote: ↑ Separately, logistically speaking, how do most ppl transition / move. If my lease is up on the last day of the month, but I can’t move in until the first.. how does this work? Do most ppl just move in on the last day as well?

Thanks in advance. I’ve previously lived in the UK where this process is very different.

Excellent question. In truth it there are no built-in protections, any such would have to be stated in the lease agreement.

Leases, unless otherwise stated, run to 11:59 p.m of the last day of the rental period meaning that's when the tenant must relinquish occcupancy.

But we all know moving out is dictated by a concerted and coordinated effort to book movers and elevators on top of which there are operating hours depending on the day.

It's not always easy to do, but if you're moving into what was already occupied and can arrange a lease start date of a few days either prior to or after the previous occupant's last day you will decrease the possibility of delays.

Apr 20th, 2020 1:57 am

fogetmylogin: Deal Addict; Nov 13, 2013; 2565 posts; 1291 upvotes; Ottawa

Apr 20th, 2020 1:57 am

I think you have been given confusing if not incorrect advice. You can only end your lease st the end of a whole month so 60 days is correct for your proposed end date. You can not decide to move out July 15 give notice on May 15. As others stated it ends on the 30th so you your notice must be 60 days before this date and giving 60 days notice before the first won’t delay your lease one day but a full month.

Apr 20th, 2020 8:33 am

beancounter6 [OP]: Member; Jul 25, 2019; 359 posts; 145 upvotes

Apr 20th, 2020 8:33 am

fogetmylogin wrote: ↑ I think you have been given confusing if not incorrect advice. You can only end your lease st the end of a whole month so 60 days is correct for your proposed end date. You can not decide to move out July 15 give notice on May 15. As others stated it ends on the 30th so you your notice must be 60 days before this date and giving 60 days notice before the first won’t delay your lease one day but a full month.

Thanks - thats what I figured. However, I was wondering if giving notice ON the 1st would be considered late (hence adding on another full month). It seems like the 1st is still ok.

Apr 22nd, 2020 10:15 pm

mjkrealty: Newbie; Apr 6, 2020; 90 posts; 63 upvotes; Toronto

Apr 22nd, 2020 10:15 pm

You’re lease ends July 1, the last day of your lease is June 30. 30 days in June and 31 in May make May 1st 61 days out. Why would you bother cutting it that close though?...

GTA Real Estate Agent

+1

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