Real Estate

Moving house - 60 days notice

  • Last Updated:
  • Jul 20th, 2020 9:24 am
[OP]
Newbie
Apr 26, 2017
18 posts
4 upvotes

Moving house - 60 days notice

Hi
We moved into a place on the first of the month.
We gave notice we were moving out on the 20th of the month.
Our landlord says we can only move out on the 1st of the month (ie pay rent for 60 more days plus 10 days) but our lease doesnt say that.
It just says 60 days.

So do we have to pay him for the extra 10 or 11 days?
Can we just move out 60 days after we gave notice?
Thank you
15 replies
Deal Expert
Feb 29, 2008
19080 posts
17414 upvotes
Tarrana & The Ri…
Is this a condo? You can move anytime you want. As long as the rent is paid up to the date. You can pay the rent and move out 2 months early if you wanted to. This extra 10 days payment makes no sense to me but I'm speaking from Ontario perspective. Things may be different in other provinces. Also in Ontario you pay 1st and last month's rent so your last month would have been taken care of anyways. As a landlord I'd love for a tenant to move out early.
[OP]
Newbie
Apr 26, 2017
18 posts
4 upvotes
JayLove06 wrote: Is this a condo? You can move anytime you want. As long as the rent is paid up to the date. You can pay the rent and move out 2 months early if you wanted to. This extra 10 days payment makes no sense to me but I'm speaking from Ontario perspective. Things may be different in other provinces. Also in Ontario you pay 1st and last month's rent so your last month would have been taken care of anyways. As a landlord I'd love for a tenant to move out early.
its a house in ontario
obviously i do mean paying rent as opposed to physically moving out.
what i mean is im hoping to get 10 days rent back off the landlord, should i get it?
Deal Addict
User avatar
Jan 2, 2012
4396 posts
2573 upvotes
Toronto
Jicjoc wrote: Hi
We moved into a place on the first of the month.
We gave notice we were moving out on the 20th of the month.
Our landlord says we can only move out on the 1st of the month (ie pay rent for 60 more days plus 10 days) but our lease doesnt say that.
It just says 60 days.

So do we have to pay him for the extra 10 or 11 days?
Can we just move out 60 days after we gave notice?
Thank you
The landlord is correct.

RTA rules: http://www.sjto.gov.on.ca/documents/ltb ... 0(EN).html
Monthly, no fixed term: If you pay rent monthly and you are not in a fixed term tenancy, then you must give at least 60 days' notice and the termination date has to be the last day of a rental month.
Example: You have a month-to-month tenancy and pay rent on the first day of each month. You give the landlord notice on August 15. The earliest possible termination date you could put in the notice is October 31.


There are no partial months. So if you give notice on any other day, you owe 60 days + remainder of last month.
Jr. Member
Mar 23, 2015
140 posts
228 upvotes
Toronto, ON
Jicjoc wrote: Hi
We moved into a place on the first of the month.
We gave notice we were moving out on the 20th of the month.
Our landlord says we can only move out on the 1st of the month (ie pay rent for 60 more days plus 10 days) but our lease doesnt say that.
It just says 60 days.

So do we have to pay him for the extra 10 or 11 days?
Can we just move out 60 days after we gave notice?
Thank you
As mentioned above, it's 60 days from the last day of the rental month. You don't get to just not pay 2/3 of your rent for a given month just because it's convenient for you.
Deal Expert
Feb 29, 2008
19080 posts
17414 upvotes
Tarrana & The Ri…
Jicjoc wrote: its a house in ontario
obviously i do mean paying rent as opposed to physically moving out.
what i mean is im hoping to get 10 days rent back off the landlord, should i get it?
So you want to end the lease 10 days early, not move 10 days early I gather? Yea, no can do.
[OP]
Newbie
Apr 26, 2017
18 posts
4 upvotes
JayLove06 wrote: So you want to end the lease 10 days early, not move 10 days early I gather? Yea, no can do.

No, i dont want to end the lease early. I want to leave exactly 60 days after giving notice. But landlord says i have to leave (aka pay rent) for 60 days PLUS 10 days to make it to the first of the month!
Is that right?
Sr. Member
Jan 22, 2012
647 posts
259 upvotes
Bradford
Jicjoc wrote: No, i dont want to end the lease early. I want to leave exactly 60 days after giving notice. But landlord says i have to leave (aka pay rent) for 60 days PLUS 10 days to make it to the first of the month!
Is that right?
Yes the landlord is right. You will pay for the whole month but you can leave whenever you want. There is no prorated rent.
[OP]
Newbie
Apr 26, 2017
18 posts
4 upvotes
rob444 wrote: The landlord is correct.

RTA rules: http://www.sjto.gov.on.ca/documents/ltb ... 0(EN).html
Monthly, no fixed term: If you pay rent monthly and you are not in a fixed term tenancy, then you must give at least 60 days' notice and the termination date has to be the last day of a rental month.
Example: You have a month-to-month tenancy and pay rent on the first day of each month. You give the landlord notice on August 15. The earliest possible termination date you could put in the notice is October 31.


There are no partial months. So if you give notice on any other day, you owe 60 days + remainder of last month.
Thanks for this, but this is not what my lease actually says.
My lease quite explicitly states 'not less than 60 days'. There is no 'and has to be last day of month'
Thats not written anywhere.

Isnt the lease binding?
Deal Fanatic
Nov 22, 2015
6675 posts
6654 upvotes
Jicjoc wrote: Thanks for this, but this is not what my lease actually says.
My lease quite explicitly states 'not less than 60 days'. There is no 'and has to be last day of month'
Thats not written anywhere.

Isnt the lease binding?
Doesn't really matter what it says in the lease. RTA rules override any lease agreement. Also 71 days is technically not less than 60 days...
Last edited by KanataKG on Jul 19th, 2020 5:48 pm, edited 1 time in total.
[OP]
Newbie
Apr 26, 2017
18 posts
4 upvotes
Topher86 wrote: Yes the landlord is right. You will pay for the whole month but you can leave whenever you want. There is no prorated rent.
Thank you.
Can you explain why the landlord is right, when my lease mentions nothing about 'end of month'. It just says 60 days, which is what we will comply with. But id prefer not to pay 70 days if i dont have to.
for privacy im not going to post what the lease says but every way i read it, i dont see anwhere about paying until the end of the month. Maybe im stupid im not sure?
Surely the lease is binding, and that all that counts?
[OP]
Newbie
Apr 26, 2017
18 posts
4 upvotes
KanataKG wrote: Doesn't really matter what it says in the lease. RTA rules override any lease agreement. Also 71 days is technically no less than 60 days...
Ok, i see. thank you
Sr. Member
Jan 22, 2012
647 posts
259 upvotes
Bradford
Jicjoc wrote: Thank you.
Can you explain why the landlord is right, when my lease mentions nothing about 'end of month'. It just says 60 days, which is what we will comply with. But id prefer not to pay 70 days if i dont have to.
for privacy im not going to post what the lease says but every way i read it, i dont see anwhere about paying until the end of the month. Maybe im stupid im not sure?
Surely the lease is binding, and that all that counts?
The RTA overrides the lease.
Deal Expert
Feb 29, 2008
19080 posts
17414 upvotes
Tarrana & The Ri…
Jicjoc wrote: No, i dont want to end the lease early. I want to leave exactly 60 days after giving notice. But landlord says i have to leave (aka pay rent) for 60 days PLUS 10 days to make it to the first of the month!
Is that right?
That's essentially ending it early. So the landlord is right.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
9961 upvotes
Edmonton
Jicjoc wrote: Hi
We moved into a place on the first of the month.
We gave notice we were moving out on the 20th of the month.
Our landlord says we can only move out on the 1st of the month (ie pay rent for 60 more days plus 10 days) but our lease doesnt say that.
It just says 60 days.

So do we have to pay him for the extra 10 or 11 days?
Can we just move out 60 days after we gave notice?
Thank you
I don’t think you’ve given a location... The RTA being spoken of in here only applies to Ontario, so if that’s not your province, it’s not applicable.

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