Real Estate

60 days notice while renting?

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  • Jul 1st, 2019 8:13 am
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[OP]
Sr. Member
Jun 3, 2012
618 posts
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Scarborough

60 days notice while renting?

I'm renting month to month and want to leave my apartment by June 1. If I submit my notice today (April 1) will it constitute 60 days or will I be on the hook until the end of June? I am in Ontario. I've searched online and can't find anything clear on this.
Last edited by airmax95 on Apr 2nd, 2019 11:14 am, edited 1 time in total.
15 replies
Deal Addict
Nov 2, 2005
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You need to give notice to the end of a rent period which would typically be the last day of the month. You can give notice to the last day of May since we are 60 days away but you need to give it today. If you wait until tomorrow the earliest date you can give notice to is June 30th.
Deal Addict
Apr 6, 2008
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60 days is 60 days. You can do it whatever day you like. When I used to rent I would bring the landlord to the place with 30 days left (when the rent for the final month is due), do a walk-through of the place to ensure that everything is up to snuff, and talk them into using the last month's deposit as the rent. But then again I haven't really had any seriously bad experiences with landlords short from being slow to repair things.
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Jun 26, 2005
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Ontario?

You don't need to be that concerned. You can just leave whenever you want. Tell the landlord a story and say

1) let me go or
2) I'll find another renter. assignment

You can find the crappiest new tenant with useless credit score and the landlord will not have any legal right to object.

If your landlord is smart, he or she will pick (1)

60 days is a sham. Landlord gonna sue you? Ya right. Not in Tenant propecting Ontario.
Deal Fanatic
Jul 13, 2012
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rfdrfd wrote: Ontario?

You don't need to be that concerned. You can just leave whenever you want. Tell the landlord a story and say

1) let me go or
2) I'll find another renter. assignment

You can find the crappiest new tenant with useless credit score and the landlord will not have any legal right to object.

If your landlord is smart, he or she will pick (1)

60 days is a sham. Landlord gonna sue you? Ya right. Not in Tenant propecting Ontario.
It doesn't work like that. If you find another prospective tenant, then it has to be someone that meets the requirements to rent the unit.
As for the landlord suing you, then it is entirely possible that they can and that they will win. Ontario may be very "tenant-friendly", but if you've violated the requirements then they'll still win. They won't care if it takes 6 months or a year to win judgement.

Ontario is very tenant-friendly, and as a result landlords are careful about who they rent to. Having a prior landlord who says good things about you is very helpful.
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Sep 6, 2002
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fusion2k2k wrote: 60 days is 60 days. You can do it whatever day you like. When I used to rent I would bring the landlord to the place with 30 days left (when the rent for the final month is due), do a walk-through of the place to ensure that everything is up to snuff, and talk them into using the last month's deposit as the rent. But then again I haven't really had any seriously bad experiences with landlords short from being slow to repair things.
Not in Ontario it isn’t. You need to serve it the day before end of month latest.

If you have a good relationship with your landlord asking to leave early could be entirely agreeable. My landlord was planning to sell so was happy to have the empty unit as soon as possible.

As a landlord myself if the tenant wanted it I would be okay with it just to not hassle someone who’s got to move. Heck I’d suggest a move out in 3 weeks to give me time to prep the unit for visits.
Autocorrect sucks
Deal Addict
Apr 6, 2008
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GangStarr wrote: Not in Ontario it isn’t. You need to serve it the day before end of month latest.

If you have a good relationship with your landlord asking to leave early could be entirely agreeable. My landlord was planning to sell so was happy to have the empty unit as soon as possible.

As a landlord myself if the tenant wanted it I would be okay with it just to not hassle someone who’s got to move. Heck I’d suggest a move out in 3 weeks to give me time to prep the unit for visits.
I disagree, and I'm in Ontario. So you're telling me, if it's the 15th, and I've decided to move out, I can't give you a 60 day notice and move out on the 15th two months from now? Or are you suggesting I have to give a 75 day notice? I know normally tenants usually move in and out at the end of the month, but there's nothing stopping me from leaving early. 60 days is 60 days, as per my original post.
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Sep 6, 2002
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fusion2k2k wrote: I disagree, and I'm in Ontario. So you're telling me, if it's the 15th, and I've decided to move out, I can't give you a 60 day notice and move out on the 15th two months from now? Or are you suggesting I have to give a 75 day notice? I know normally tenants usually move in and out at the end of the month, but there's nothing stopping me from leaving early. 60 days is 60 days, as per my original post.
If your rent was paid first day of the month yes you’d need to give 75 days with some exceptions.

Right from the n9 form

For most types of tenancies (including monthly tenancies) the termination date must be at least 60 days after the tenant gives the landlord this notice. Also, the termination date must be the last day of the rental period. For example, if the tenant pays on the first day of each month, the termination date must be the last day of the month. If the tenancy is for a fixed term (for example, a lease for one year), the termination date cannot be earlier than the last date of the fixed term.
Exceptions:
• The termination date must at least 28 days after the tenant gives the landlord this notice if the tenancy is daily or weekly (the tenant pays rent daily or weekly). Also, the termination date must be the last day of the rental period. For example, if the tenant pays rent weekly each Monday, the termination date must be a Sunday. If the tenancy is for a fixed term, the termination date cannot be earlier than the last date of the fixed term.
• The termination date can be earlier than the last day of a fixed term tenancy (but still must be the last day of a rental period) if the tenant is giving this notice because:
• the tenancy agreement was entered into on or after April 30, 2018,
• the landlord was required to use the Residential Tenancy Agreement
(Standard Form of Lease) form but did not,
• the tenant demanded in writing that the landlord give them this form, and
– more than 21 days have passed since the tenant made their demand, and the landlord has not provided the form,
or
– the landlord provided the form less than 30 days ago but it was not signed by the tenant.
• A special rule allows less than 60 days' notice in situations where the tenant would normally be required to give 60 days notice (for example, monthly tenancies). The tenant can give notice for the end of February no later than January 1st and can give notice for the end of March no later than February 1st.
Autocorrect sucks
Deal Addict
Apr 6, 2008
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GangStarr wrote: If your rent was paid first day of the month yes you’d need to give 75 days with some exceptions.

Right from the n9 form

For most types of tenancies (including monthly tenancies) the termination date must be at least 60 days after the tenant gives the landlord this notice. Also, the termination date must be the last day of the rental period. For example, if the tenant pays on the first day of each month, the termination date must be the last day of the month. If the tenancy is for a fixed term (for example, a lease for one year), the termination date cannot be earlier than the last date of the fixed term.
Exceptions:
• The termination date must at least 28 days after the tenant gives the landlord this notice if the tenancy is daily or weekly (the tenant pays rent daily or weekly). Also, the termination date must be the last day of the rental period. For example, if the tenant pays rent weekly each Monday, the termination date must be a Sunday. If the tenancy is for a fixed term, the termination date cannot be earlier than the last date of the fixed term.
• The termination date can be earlier than the last day of a fixed term tenancy (but still must be the last day of a rental period) if the tenant is giving this notice because:
• the tenancy agreement was entered into on or after April 30, 2018,
• the landlord was required to use the Residential Tenancy Agreement
(Standard Form of Lease) form but did not,
• the tenant demanded in writing that the landlord give them this form, and
– more than 21 days have passed since the tenant made their demand, and the landlord has not provided the form,
or
– the landlord provided the form less than 30 days ago but it was not signed by the tenant.
• A special rule allows less than 60 days' notice in situations where the tenant would normally be required to give 60 days notice (for example, monthly tenancies). The tenant can give notice for the end of February no later than January 1st and can give notice for the end of March no later than February 1st.
If you read the last line, it says monthly tenancies are excepted. When a one year lease is over, it reverts to month to month, which describes I would say almost all long term tenancies out there.
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Sep 6, 2002
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fusion2k2k wrote: If you read the last line, it says monthly tenancies are excepted. When a one year lease is over, it reverts to month to month, which describes I would say almost all long term tenancies out there.
Apologies for misinformation.
Autocorrect sucks
Deal Guru
Feb 29, 2008
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And tenants think landlords are unreasonable. :facepalm:
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Apr 6, 2008
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GangStarr wrote: Apologies for misinformation.
No worries, I'm not 100% sure if that applies anyways. A landlord/tenant relationship is all about give and take, just like any other arrangement. Both sides want something and are willing to give up something. But realistically, if I was your tenant, and let's say I called or sent you a letter one day saying I'm moving out. Besides the months rent (which if I'm giving 60 days it pays for the final month), what are you going to do to me? If I trash the place when leaving, fine, take me to court. But assuming I don't do that? You don't have a leg to stand on. It's not financially feasible to try to sue me over nothing.

It's give and take, when I used to rent I would interview landlords as well and turn down the slumlords. It's like a job, both sides are interviewing. Don't be afraid to walk away if it's a bad landlord, it's a tough market out there but having a bad landlord can make your life very difficult.
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Sep 8, 2007
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rfdrfd wrote: Ontario?

You don't need to be that concerned. You can just leave whenever you want. Tell the landlord a story and say

1) let me go or
2) I'll find another renter. assignment

You can find the crappiest new tenant with useless credit score and the landlord will not have any legal right to object.

If your landlord is smart, he or she will pick (1)

60 days is a sham. Landlord gonna sue you? Ya right. Not in Tenant propecting Ontario.
Typical garbage advice from the “straight from moms basement to you” crowd.
Deal Addict
Oct 13, 2014
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fusion2k2k wrote: If you read the last line, it says monthly tenancies are excepted. When a one year lease is over, it reverts to month to month, which describes I would say almost all long term tenancies out there.
You are reading that last line incorrectly. Those are the only exceptions to the 60 day rule because of the shortened month of February, otherwise the full 60 days minimum must be given and the date used is the last day of a rental period, being the termination date.

EDIT - To be clear @dirtmover was correct.
“Before one can have a Clue they must first accumulate 10 Inklings. That said, all it takes is one bad post and you erase all Inklings & Clues accumulated'"
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Aug 22, 2014
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darkmagician wrote: Question: What if the tenant wants to leave in 30 days and I agree to it even through the N9 requires 60 days notice?

Furthermore, What if the individual is actually a co-tenant (John) and hes agreed to leave with the N9, but the other co-Tenant (Jane) wants to stay. But I want both of them out. Can I evict Jane at the end of the agreed terminate date set by John siting John leaving would terminate the entirety of the lease?
You can let "John" go if you agree but you can't evict "Jane". source: someone who dealt with this situation before.

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