Can an Ontario lease stipulate that, once the lease is up and I switch to month-to-month tenancy, I still can't move out between October and April?
Background: my 2 year lease ends on August 31st. I want to get a different apartment, but for personal reasons I can't move in September. So I want to be a month-to-month tenant for September, and then move for October 1st.
However, my lease includes this clause: "The Lessee agrees that once he/she becomes a month to month tenant that he/she will not vacate the premises or move out during the months of October through April."
Obviously this is because it's harder for them to find a new tenant during these months, although I know other tenants have moved in and out of the building during those months while I've lived here.
Is this clause void?
Is it a month-to-month tenant's problem if the apartment is harder to rent in the fall, winter, and spring? It seems to me that it oversteps the bounds of a lease to say "And when this lease expires and you become month-to-month...you're still on a de facto lease for 6 months of the year!" However, I can't find anything about this (either way) in the tenancy act
. All I know is that the people I'm renting from have stuck other clauses into the lease that I know
are void, such as a "no pets" clause which is void in Ontario
. I'm hoping this is another one.