When is 60 days 60 days?
April 1, 2006 8:54 AM Subscribe
I get conflicting reports from people on how 60-days notice works in the Ontario "Tenant Protection Act".
Is it 60 days (excepting 2 month periods with February) from the time I give notice, or 60 days + until the end of the month? I would like to avoid a mad-dash to empty the old apartment and fill up the new apartment (when I find it) on the same day that the other tenants are doing the same furniture ballet both at my old and new apartments and at apartments across the city.
If I could give notice on April 5th and not have to move until June 5th, that would be awesome. Is it legal though? I don't really care if I screw over my current landlord as he just gave me a lease renewal offer that was insulting to both my intelligence and my payment history.
Is it 60 days (excepting 2 month periods with February) from the time I give notice, or 60 days + until the end of the month? I would like to avoid a mad-dash to empty the old apartment and fill up the new apartment (when I find it) on the same day that the other tenants are doing the same furniture ballet both at my old and new apartments and at apartments across the city.
If I could give notice on April 5th and not have to move until June 5th, that would be awesome. Is it legal though? I don't really care if I screw over my current landlord as he just gave me a lease renewal offer that was insulting to both my intelligence and my payment history.
I'm not sure how a renewal offer could be insulting? The Landlord is limited by what he can change (especially the rent) from your old contract.
http://www.orht.gov.on.ca/userfiles/HTML/nts_3_7968_1.html#About%20rent
posted by defcom1 at 11:47 AM on April 1, 2006
http://www.orht.gov.on.ca/userfiles/HTML/nts_3_7968_1.html#About%20rent
posted by defcom1 at 11:47 AM on April 1, 2006
Response by poster: I have an electrically heated apartment. He wrote me a letter saying he had "good news", that instead of raising my rent by 2.1% in accordance with regulation, he would be lowering my rent by $50, only now I would be paying for electricity. The net increase should be well over 2.1% (though I was giving no records of my hydro usage to confirm this), and that's before the expected rate hikes in residential hydro.
Whether or not he can get away with it legally is academic as I was planning on moving before the fall and wasn't going to sign a year lease regardless. This pissing in my face and telling me that it's raining sunshine just leaves a bad taste in my mouth though.
posted by cardboard at 12:46 PM on April 1, 2006
Whether or not he can get away with it legally is academic as I was planning on moving before the fall and wasn't going to sign a year lease regardless. This pissing in my face and telling me that it's raining sunshine just leaves a bad taste in my mouth though.
posted by cardboard at 12:46 PM on April 1, 2006
Cardboard, unless the lease you signed specifically says that you must renew it, a tenant automatically goes to month by month payment once a lease is up. 60 Days notice is still required (to the end of a month term).
Even though the lease is up, the terms of the lease still stand. Hence, if your original lease says you're not responsible for electricity, you're NOT responsible for electricity - end of story. Also, because the hydro account is presumably in your landlord's name, it would have to be changed to your name for you to legally be responsible for it's payment - and that means that you'd have to authorize hydro to do that. Which you haven't.
My suggestion is to tell your landlord that you're not comfortable with his suggestion, but thanks anyways.
If your landlord then decides to increase your rent, he'd still have to give you 90 days notice and file it appropriately.
(also, ask for your interest on your deposit if your landlord hasn't given it to you yet. 6% is a better rate than the banks give)
posted by Ms Snit at 9:53 PM on April 1, 2006
Even though the lease is up, the terms of the lease still stand. Hence, if your original lease says you're not responsible for electricity, you're NOT responsible for electricity - end of story. Also, because the hydro account is presumably in your landlord's name, it would have to be changed to your name for you to legally be responsible for it's payment - and that means that you'd have to authorize hydro to do that. Which you haven't.
My suggestion is to tell your landlord that you're not comfortable with his suggestion, but thanks anyways.
If your landlord then decides to increase your rent, he'd still have to give you 90 days notice and file it appropriately.
(also, ask for your interest on your deposit if your landlord hasn't given it to you yet. 6% is a better rate than the banks give)
posted by Ms Snit at 9:53 PM on April 1, 2006
This thread is closed to new comments.
posted by acoutu at 9:01 AM on April 1, 2006