Giving Proper Notice

There are many misconceptions as to what constitutes proper notice to the Landlord. This is an issue that surfaces repeatedly between Landlords and tenants. I often find that tenants in general are misinformed as to the proper procedure and legal guidelines for giving Landlord notice to vacate a suite. Since most people pay their rent on a monthly basis, this is the area we will focus on in this article.

If you are currently in the middle of a signed lease, you are bound to that lease, for the term stated in same. Unless the Landlord has agreed to let you out of your lease or a court has terminated the tenancy, the leaseholders are responsible until lease-end or re-rental, whichever comes first. For example: if you have a lease that expires on October 31st and you want to vacate August 31st, then you must ask the Landlord to free you of your obligation to the lease. Verbal agreements are not recommended. Always ask for an agreement in writing. If the Landlord declines your request they have the right to demand payment of rent until re-rental or lease-end, whichever comes first. Your only other choice is to take the Landlord to court, if you have reasonable grounds to request early termination of your lease (usually means the Landlord is negligent).

Many residents in Ontario are not presently committed to a lease. This type of tenancy is most often referred to as a "month to month tenancy". All month to month tenants are required by law to give the Landlord a minimum of two calendar months notice from the last day of any given month to vacate. Proper notice is a written letter of intent and signed by all leaseholders of the suite indicating the date which the occupants are vacating. No explanation is required in the letter. A forwarding address should also be given to the Landlord so that they may forward the interest on your last month rental payment. My personal recommendation is always complete the letter in duplicate and have someone representing the Landlord sign both copies as a receipt that the vacating notice has been submitted.

Please note, tenants that are in a specified lease term who intend to fulfill the obligations of their lease must still follow the same procedures to vacate as a month to month tenant. For example: if your lease expires October 31st then you must give the Landlord written notice no later than August 31st in order to vacate.

In closing, over the years I've heard every excuse in the book as to why people feel they are in a position to give short notice to a Landlord. Let me assure you that the Landlord is simply exercising their right to try and rerent the suite with no vacancy. The biggest mistake for a tenant to make is to assume that the Landlord will have no problem renting your suite. If you really need to move early, cooperate with your Landlord in every way possible - make sure they have a key to your apartment and your bolt lock, that your apartment is always clean, and even place an ad in the local paper yourself in order to try and generate some traffic. If you show them that your willing to help, you will find that they will try a little harder too.

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