Location: God's own country
Posted on: 01-10-07 12:45:11
Dear Cd's,
This is a specific problem that I have run into for which I require your remedy / advise.
I have lived in the specific rental apartment for the past 3 years , renewing my lease each year for a period of one more year. My lease is always from 1 st. Nov. to 30th of Oct. of the next year. What used to happen is that I always used to receive a lease notice on the 1 st. of every october asking me if I was willing to extend my lease for another one year or move at the end of october for which I used to sign a lease agreement for one year.
The last lease agreement was done on October 1/ 2006. Around Nov. the Landlord changed to a property management service which owns many rental properties across Canada. At that time, We received a letter stating the notice and asking us to start remiting the monthly rental payment to the new landlord with immediate notice. Nothing about the lease / lease renewal was mentioned.
I am upgrading my rental unit to a two bedroom to another property located elsewhere (But owned by the same property management service). Imagine my surprise when I was asked to give 2 month notice to the current unit when I submitted my application for the new unit. The person who took the application steadfastedly maintained that after the first lease was over (2 years back), I was automatically put into a month to month basis ( I still have copies of the 3 lease agreements that i signed from Nov.2004 to Oct. 2005, Nov. 2005 to Oct. 2006 and Nov. 2006 to Oct. 2007) and that I should give 2 month notice if I was to terminate the lease. All my pleadings fell on deaf ears and they are refusing to see my point making me feel very insecure and feeling as though I might be the one who is wrong. They also told me indirectly that If I refuse to pay, they will black mark me for all their rental properties and also not give a favourable response to any other landlord who enquires about me.
As a final insult (sort of throwing the bone to the dog), They told me that since I was moving to the apartment owned by the same property manager, they MIGHT be a bit lenient with respect to the 60 days notice. Money is not the issue here but principles are. What if I moved to a different property manager owned propery. How different is this kind of bullying from India or Burma? But is it not my right to move out by the end of my current lease agreement to any apartment that I wish ? I did not sign any new lease nor was there any memo from the current property manager that I was on month to month lease and that I have to give 2 months notice. Am I missing something here ? What are my choices? How can i fight this injustice metted (if at all) out to me ?
Thanks in advance to all your answers.
Please PM if you need the name of the property manager.
TK A
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I am a Gents and not a Ladies.
http://www.ontariotenants.ca/law/law.phtml
"If you never had a lease, or if your original lease expired and you have continued to live in the apartment without signing another one, and you pay your rent on a monthly basis, you have a month-to-month tenancy. You must still give at lease 60 days written notice before the end of the last month you intend to live there. See Period of notice, monthly tenancy.
If you give your notice late, you will be responsible for an extra month"
Generally you have 1 months deposit and they need additional 1 months notice. The best way is to negotiate with the landlord. Since it is a management company, they will probably have a property manager (not your super)..talk to him/her on phone, they can help. Whatever you both agree, have everything on paper.
Nothing of the above suits you...and if you have the resources, tons of lawyers are waiting for your case....
All the best.
Hiren
Quote:
Originally posted by tamilkuravan
The person who took the application steadfastedly maintained that after the first lease was over (2 years back), I was automatically put into a month to month basis ( I still have copies of the 3 lease agreements that i signed from Nov.2004 to Oct. 2005, Nov. 2005 to Oct. 2006 and Nov. 2006 to Oct. 2007) and that I should give 2 month notice if I was to terminate the lease.
There was no need for signing a new lease agreement every year. As Hiren said, once 1st year lease is over, your lease becomes month-to-month, with at least 2 month's notice to leave or rent in lieu.
You should not feel insulted or being bullied. It is the law.
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Amit Kalia, Broker, REALTOR®
RE/MAX Real Estate Centre., Brokerage
independently owned & operated
100 City Centre Dr, Unit 1-702
Mississauga, ON L5B 2C9
Phone No.: 905-339-5111
Website: https://www.realestate-ontario.com/
Condo Blog: https://condopundit.com/blog/
Quote:
Originally posted by tamilkuravan
At that time, We received a letter stating the notice and asking us to start remiting the monthly rental payment to the new landlord with immediate notice. Nothing about the lease / lease renewal was mentioned.
I did not sign any new lease nor was there any memo from the current property manager that I was on month to month lease and that I have to give 2 months notice.
TK A
TK you are not on a yearly lease now, as you have mentioned earlier , they did inform you.
Infact you could leave in August (with the 60 days). You did not have to wait till october, that is the good part of being on a monthly rental.
Since you are with the same company you can talk to them & see what best deal they can offer you. After all you will be staying with them
Maybe some CDs dealing with Real Estate can guide you on how to handle this.
Best of luck
Location: God's own country
Posted on: 01-10-07 23:35:10
Puttoo,
I have a lease signed (but with another property manager) from Nov. 01 , 2006 to Oct. 30th. 2007 for my rental unit (my third yearly lease in the same apartment). After a few weeks of signing this, we had a new property manager and they advised in writing that they were the current property managers and that all rent should be payable in their name. There was no modification to the lease nor did I sign any other lease with the current property manager and stuff like that. I was expecting a lease renewal form / lease termination form but those idiots are now asking for 2 months rent before I vacate this apartment.
I am now thinking that the situation would be like what Amit Kalia has said and this is a further blow to my already bad experience in Canada. Looks like me and Ben Prasad are always getting hit, time in and time out.
Anyways, As you said, I have already sent my application to the property manager and I have to wait till he decides the result on my case. once again as Amit kalia had said, if that is the normal course of action, then I am at their mercy.
TK A
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I am a Gents and not a Ladies.
The same thing happened to me as well. I was supposed to give them 2 month notice but i didnt and they told me if you leave early you have to pay 2 month rent. I talked with property manger(the guy from Property managment company) and he told us that we can pay a fine of 200 which is some sort of govt fee and get out of the lease.
Location: Canada-Glorious and Free
Posted on: 02-10-07 09:12:59
First, let me get the links out of the way. Here is the link to the Landlord Tenant Board's FAQ
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111232.html
This is the link to the specific question you had about how much notice you have to give.
http://www.ltb.gov.on.ca/en/Key_Information/STEL02_111482.html
Now you say you have a lease. Obviously your lease states the terms of ending your tenancy. But regardless of what the lease says, it cannot be contrary to the law. Meaning this; if your lease says 30 day notice, either of the parties can point to the law and say we need 60 days notice. That is the law. If you think about this a little further you'll see that, it does not matter if you have a lease or not. the lease, which you keep promoting is actually to protect the landlord and not the tenant. The government provides the tenant the protection. (tenant protection act)
You landlord threw you a bone - yes. It was an incentive for you to stay within their group of buildings.
BV
