Real Estate

Risk of Moving out without 60 Days of notice

  • Last Updated:
  • Jul 26th, 2015 10:19 pm
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[OP]
Newbie
Nov 1, 2013
7 posts
Toronto

Risk of Moving out without 60 Days of notice

Hi All,

Thanks in advance for you advice, here is my situation:
I am having a condominium lease of a year ending in less than two months. I have been unable to check my mails due to my absence in the country recently and missed a mail from the landlord about the rent increase. When I recalled that the termination date is coming up and notified them, it was 2 weeks late. The landlord insists that I pay an extra month of rent because I did not give them 60 days of notice.

Is this a reasonable thing for the landlord to do? They did not ask me if I was intended to continue leasing and extend my lease at all. The reason they mailed me was because of the rent increase. My condo is located at downtown and I am sure they will have no loss with my late notice because it can be rented out to someone else very easily.

If I insist to move out at the end of my original lease. Can they sue me for not giving them 60 days of notice?

Thank you very much.
6 replies
Deal Addict
Dec 25, 2005
1447 posts
477 upvotes
Yes, by default you move to month-to-month if you don't give notice. Your landlord is reasonable asking for 60 days notice, and they could sue you for lost rent/costs if they felt inclined to do so. Your landlord does have to give you 90 days notice for a rent increase, though, so make sure that happened.
Deal Addict
Feb 21, 2004
1576 posts
374 upvotes
Montreal
In Quebec, you would actually be lucky that he's only asking for 1month.

60 days notice with no answer = automatic acceptance of the increase AND renewal for a 12 month cycle.
Deal Addict
Oct 29, 2010
4396 posts
744 upvotes
It's not ideal from your point of view but it is reasonable.
Deal Addict
Jun 6, 2007
1025 posts
139 upvotes
KINGSTON, Ontario
The landlord has a duty to mitigate his loss and can only charge you for the foregone income. So, if you vacate and he re-rents for the day you leave your obligation could be as little as zero.
Newbie
User avatar
Nov 13, 2009
75 posts
5 upvotes
You know where
dgodsell wrote: The landlord has a duty to mitigate his loss and can only charge you for the foregone income. So, if you vacate and he re-rents for the day you leave your obligation could be as little as zero.
Just wondering, is that in the Residential Tenancies Act?

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