Real Estate

Tenant not giving 60 days notice of termination

  • Last Updated:
  • Feb 27th, 2018 11:18 am
[OP]
Deal Addict
Jun 7, 2008
2073 posts
130 upvotes
Toronto

Tenant not giving 60 days notice of termination

Hi all, looking for some advice here.

I have a tenant who's original tenancy agreement is coming to an end at the end of March. He is unable to give me a concrete answer yet as to whether he will be leaving or extending due to his work status right now.

If tenant notifies me with only a couple weeks' notice, is there anything I can do as a landlord to protect myself from not being able to find a new tenant in the short time? Pay is month to month at this point. What are my options for pursuing this? Is small claims court the only way?

Thanks for the help!
18 replies
Penalty Box
Aug 11, 2005
4175 posts
1427 upvotes
you can evict him and pay him 1 month of rent
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Newbie
Oct 1, 2016
37 posts
29 upvotes
He doesn't have to give you a concrete answer. Leases in Ontario automatically convert to month-to-month at the end of a fixed-term lease. He can leave at anytime with 60 days notice. If he leaves without giving him 60 days notice, you can sue him for the rent. Good luck with that!
Deal Guru
Feb 22, 2011
10460 posts
12985 upvotes
Toronto
Realistically it's not worth your time but he has to give 60 days notice and pay those months. If he doesn't you can send him to collections and they will put it on his credit report. He won't be able to get any type of loan. You don't need to go to court to do this either, I have done it recently. Just give a collections agency the lease and any pertinent info. I know of one that is particularly good at collecting, they'll hound the person to the full extent of the law. They can even sue on your behalf and garnish wages from the person, depending on the dollar amount that is probably not worth it though. I am going this route out of spite, don't really care for the money.
Newbie
Feb 24, 2018
65 posts
70 upvotes
Tell him he needs to give you 60 days notice, by law. If he doesn't you will go after him in court for the rent money.

Remember, he will likely need you as a reference for his next place to live.
Deal Addict
Dec 23, 2010
1897 posts
929 upvotes
Moon
Don't go to court for the money. Not worth your time. Just bill him for any money he owes you and hand the debt to collections and let them hound him on your behalf.
Deal Addict
Dec 23, 2010
1897 posts
929 upvotes
Moon
tragd wrote: Hi all, looking for some advice here.

I have a tenant who's original tenancy agreement is coming to an end at the end of March. He is unable to give me a concrete answer yet as to whether he will be leaving or extending due to his work status right now.

If tenant notifies me with only a couple weeks' notice, is there anything I can do as a landlord to protect myself from not being able to find a new tenant in the short time? Pay is month to month at this point. What are my options for pursuing this? Is small claims court the only way?

Thanks for the help!
Also note that you have an obligation to try and re-rent the unit even if he doesn't give you 60 days notice. Everyone has an obligation to mitigate their losses and if you don't take steps to re-rent then you may be denied damages.
Member
May 2, 2017
270 posts
408 upvotes
rjg4235 wrote: Realistically it's not worth your time but he has to give 60 days notice and pay those months. If he doesn't you can send him to collections and they will put it on his credit report. He won't be able to get any type of loan. You don't need to go to court to do this either, I have done it recently. Just give a collections agency the lease and any pertinent info. I know of one that is particularly good at collecting, they'll hound the person to the full extent of the law. They can even sue on your behalf and garnish wages from the person, depending on the dollar amount that is probably not worth it though. I am going this route out of spite, don't really care for the money.
What? You can send to collections and report to credit agencies without even going to the LTB?

it was discussed here as well. can-landlord-send-collections-agency-af ... g-1449206/

Q:How does non-payment of rent affect tenants' credit? Do I have to go through the Landlord/Tenant Board or should I contact Collection Agency?
A:Non-payment may only affect a tenants credit score if there is judgement order by the Landlord and Tenant Board or the Small Claims Court and the order is registered with the Small Claims Court for collection.


source:https://landlordselfhelp.com/frequently ... nt-of-rent
Deal Guru
Feb 22, 2011
10460 posts
12985 upvotes
Toronto
ud8077 wrote: What? You can send to collections and report to credit agencies without even going to the LTB?

it was discussed here as well. can-landlord-send-collections-agency-af ... g-1449206/

Q:How does non-payment of rent affect tenants' credit? Do I have to go through the Landlord/Tenant Board or should I contact Collection Agency?
A:Non-payment may only affect a tenants credit score if there is judgement order by the Landlord and Tenant Board or the Small Claims Court and the order is registered with the Small Claims Court for collection.


source:https://landlordselfhelp.com/frequently ... nt-of-rent
I am definitely not an expert. I contacted one that we use through work on occasion, I believe one of the biggest in Canada. The supervisor there we deal with normally is the one who said it's no problem to add them and you don't need a court order if they owe you money. At the end of the day I would take his word for it over an internet source as he's an expert in the field.
Member
May 2, 2017
270 posts
408 upvotes
rjg4235 wrote: I am definitely not an expert. I contacted one that we use through work on occasion, I believe one of the biggest in Canada. The supervisor there we deal with normally is the one who said it's no problem to add them and you don't need a court order if they owe you money. At the end of the day I would take his word for it over an internet source as he's an expert in the field.
its not just an internet source. Landlord's Self-Help Centre receives its core funding from Legal Aid Ontario.
They also have an office call them 416-504-5190.

I dont think they would put up false info on their website.

Who knows what your debt collection agency is doing. Some debt collection agencies aren't the most ethical nor follow the law.

Here is a doc titled "Collecting Monies Owed What happens when the tenant vacates and has not paid money owing?"

https://landlordselfhelp.com/media/2016 ... public.pdf
Jr. Member
Feb 4, 2015
192 posts
85 upvotes
York, ON
I'd try and be optimistic...

Even if the "worst" should happen, in this climate you won't have to wait long at all to find another tenant, plus you can slip a rent increase in there too. If anything the tenant leaving early does you a favour in that regard.
Penalty Box
Aug 11, 2005
4175 posts
1427 upvotes
ud8077 wrote: its not just an internet source. Landlord's Self-Help Centre receives its core funding from Legal Aid Ontario.
They also have an office call them 416-504-5190.

I dont think they would put up false info on their website.

Who knows what your debt collection agency is doing. Some debt collection agencies aren't the most ethical nor follow the law.

Here is a doc titled "Collecting Monies Owed What happens when the tenant vacates and has not paid money owing?"

https://landlordselfhelp.com/media/2016 ... public.pdf
HOLY COW REKT
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Deal Addict
Dec 23, 2010
1897 posts
929 upvotes
Moon
ud8077 wrote: its not just an internet source. Landlord's Self-Help Centre receives its core funding from Legal Aid Ontario.
They also have an office call them 416-504-5190.

I dont think they would put up false info on their website.

Who knows what your debt collection agency is doing. Some debt collection agencies aren't the most ethical nor follow the law.

Here is a doc titled "Collecting Monies Owed What happens when the tenant vacates and has not paid money owing?"

https://landlordselfhelp.com/media/2016 ... public.pdf
**** ethics if they owe you money they are already unethical. I'll happily use a shady agency if it means I don't need to go to court. Often the fear is enough to make them pay.
Member
Oct 26, 2007
314 posts
189 upvotes
Great opportunity to get a new tenant with an increase in rent!
Deal Fanatic
User avatar
Dec 27, 2009
7411 posts
4678 upvotes
Victoria, BC
Applesmack wrote: **** ethics if they owe you money they are already unethical. I'll happily use a shady agency if it means I don't need to go to court. Often the fear is enough to make them pay.
Meh, not giving a full 60 days doesn't put them that far on "unethical" scale IMO. Back in BC it is only 30 days and that is plenty (I worked as an accountant for a property management company for a few years). If OP is able to re-rent the unit then they won't be losing anything and the tenant won't owe them anything.
Deal Addict
May 12, 2014
2951 posts
2740 upvotes
Montreal
FYI: in Quebec it can be up to 5 months required notice. Leases almost always renew for a full year. And the court often orders damages in excess of 3 months.
Newbie
Jun 28, 2016
55 posts
20 upvotes
rjg4235 wrote: Realistically it's not worth your time but he has to give 60 days notice and pay those months. If he doesn't you can send him to collections and they will put it on his credit report. He won't be able to get any type of loan. You don't need to go to court to do this either, I have done it recently. Just give a collections agency the lease and any pertinent info. I know of one that is particularly good at collecting, they'll hound the person to the full extent of the law. They can even sue on your behalf and garnish wages from the person, depending on the dollar amount that is probably not worth it though. I am going this route out of spite, don't really care for the money.
Can you provide the collection agency information ... my friend's tenant owes two months of rent ... he is looking into LTB for eviction & using collection agency. Ty.
Deal Fanatic
Mar 15, 2005
5490 posts
1035 upvotes
If your rental is in Toronto and any kind of decent area, your tenant leaving on short notice is probably a positive for you. You can probably rent the space for even more than current tenant is paying.

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