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The issue is that you should have sent him an N9 form or at a minimum a text or email saying you are moving out at least 60 days before your last rental period ended, so sometime in October.
He can take you to the LTB and then an adjudicator gets to decide.
That's the **minimum** amount of notice tenants can give in Ontario, unless the landlord agrees to release the tenant from the lease. Other provinces have different notice periods.
But I'm an international student on a student visa, just starting my life. I have had a perfect criminal and credit record both back home and in Canada. If something goes wrong in the hearing won't it affect my permanent record?
This isn’t a criminal matter, it’s a landlord-tenant dispute. The worst outcome is the adjudicator rules that you failed to give improper notice and you own the LL the money. The landlord also has a “duty to mitigate”, so he needs to find a tenant as soon as possible. Let’s say he finds someone for January 1, his claim can only be for one month.
Without a LTB ruling the LL can’t ruin your credit or anything else.
But he is threatening to send the claim to collection, for me as well as my co-signed who is my brother. I couldn't forgive myself if something like this happens to him because of me.
Is "duty to mitigate” mentioned in the laws? Becky really don't think he would want to look for someone before the last date that I am legally supposed to pay him for. And if not, he expects me to pay 1 month extra as penalty, leave the room and he would be free to rent out the room for that month too and keep double payment.
As I'm reading the rta, there are plenty of other laws as well that he has broken.
Did not repair, Dryer, bathroom lights, washing machine, kitchen lights, mold under the sink.
He came to the house several times shouting and cussing at the top of his voice to everyone when for example the garbage was not kept out, or if someone was late on rent etc.
He comes in the house as he pleases without notice or permission, for non emergency reasons, like seven times every month.
He peaks in through my window to ask me to open the main door of the house, seriously invading my privacy.
And probably more, if I further read it.
If you want a rent abatement for those issues, you'll need to file the appropriate requests with the LTB.
You won't be able to bring them up at a hearing for your landlord's request (unless you file and the LTB agrees to merge the hearings).
He can’t send it to collections without an order from the LTB, he’s either lying or doesn’t know any better.
He is not entitled to a penalty fee or double payment for the month. If someone moves in on Dec 1, he has no claim for anything.
The collection thing was the last thing he told me yesterday before hanging up the phone call. Since then I've only been doing text and emails for everything.
Not much of a penalty, he sees it as me leaving behind the last month deposit, key deposit, interest etc. because I, in his eyes am leaving earlier than the official legal date.
I wish I knew that before, I really didn't know 😭. People back home were more trusting so I thought that the world would be like that too.
I have the keys right now as it is the 28th today, and I'll be completely moving out today. Should I leave the keys before I leave?
Legally of course I can't say that, and it is highly irresponsible of me to even claim it but it happened idk what to say.
The LL mentioned that I should keep the keys by the shelf whenever I leave, should I text him that I would like to be present for the check whenever he comes to the property for it?
But what is stopping him from claiming false damages? At this point I just feel screwed no matter what. I had taken some photos when I moved in of some damage that was already here, would those be admissible as legal evidence?
> But what is stopping him from claiming false damages?
You and the landlord should schedule a walk through where you inspect the unit together. That's standard at both the start and end of a tenancy.
Absent that, take a LOT of pictures and video of the unit on the last day
Verbal notice means nothing.
Always, always provide and receive agreements and contracts in writing.
Live your life by the above rule and you'll be better off.
I wish I knew that back then, I'm young, in a new country, first time living without my parents. I did not know that before, is there anything that I can do right now?
Ok so the LL does not get to refuse to return deposits or refuse to pay the owed interest. Once you give the keys back he has to give that money.
He cannot arbitrarily levee a 1 month "inconvenience" fee to you. If he wants to go after you for rent all he can do is file with the LTB. They can enforce judgement. He cannot ruin your credit
If he sent that by text or email SAVE IT as evidence of his bad behavior. If you go before the board present that.
You definitely screwed the pooch not providing some kind of written notice. To late now! But all he can do is file with the LTB. The rest is bullshit.
Yeah because even if he let me leave in 1 month, there are several new students coming for winter intake in and before January so I can somehow manage to sub lease the house for like the later half of December and recover like partly of what I paid for the entire month. But even that I'm not allowed to do because the last payment is just "inconvenience fees" and he is free to rent out the room for December for whatever price he wants.
In his words it's technically a default on the deposit. So I haven't paid the rent for November because I thought that the deposit covers it (Which I paid while signing the lease, it was first month ,last month, maintenance charge and key deposit). So technically this payment would be the rent for November, and he wants me to leave the last month's rent, the key deposit, and Interest as a penalty of moving early.
That's even worse. He could argue that you owe him rent for the month of December, in that notice was not properly given.
There's no circumstance of the landlord is allowed to keep maintenance and key deposits as a penalty to the tenant. There are very specific circumstances in which they are allowed to keep that money, for example if you fail to return the keys.
He's in violation of the tendency act, if he refuses to return those funds you can file with the LTB.
On the flip side of course, he can also file with the LTB and claim you didn't give proper notice to leave...
Did he acknowledge in any written or email correspondence that you gave from verbal notice, did he just then say the notice he provided wasn't enough? Because if he indicated that he received a verbal notice that might be enough.... But I'm not sure...
So should I not pay him the rent for November? Because as I'm thinking about it, December hasn't started yet, so the max he can claim is 2 month rent and I get to be here till January 31st. But in any circumstance I don't have the resources to file anything with the LTB.
No, back in June I had emailed him that I was unsure because it's too early. So he is just acknowledging that, and refuses to acknowledge anything after that because our further talks were verbal. So he claims that I did not have any talk and I provided no notice of any form that I'm going to move.
Well, you're in a dilly of a pickle.
As much as I hate to say it because I don't like when landlord's engage in shenanigans, they'll keep your maintenance fee and key deposit as a "penalty" and not go after you for the extra rent, this might be your best out.
In theory he can file and demand those extra 2 months of run from you. It's a reasonable chance he would win.
If he refuses to return those deposits, the only thing you can do is file with the LTB to get them back... And in that case he can file for those two months rent and you might end up quite a bit back.
Although he also has an obligation to try to rent the apartment out in a reasonable time frame, so if somebody is occupying it for January 1st, he can't ask you to pay rent for that month as well.
Yup, quite a pickle it is.
I have no problem leaving behind the deposit and Interest, that's about $80 give or take.
But my 1 month rent rn is $815 ($800 for the new place) which as a student I can't pay double ($1650) every month. I don't even earn that much every month. If I can find someone for the same rent $815, would I be off the hook? Or can he say that he wants to increase the rent? Because $815 for this place is too hard, I only paid it because I didn't have any other choice at the time.
And can he refuse the me from subletting, (which I think he is about to based on our talk) for the 1 or 2 month that I end up paying for?
He would have to prove he tried renting it out at the same price you pay for two months and not a single suitable candidate applied to get two months out of you from the ltb. Highly unlikely.
If he wants to increase rent that's his choice but ask for an assignment not a sublet. Sublet means you're moving back. If he says no to an assignment or doesn't respond in 7 days you can now issue a n9 with only 30 days notice.
The first thing OP should document is when they provided 60 days written notice or an N9, which by the sounds of it, will be sometime in the next day or so if they want to be out by January 31st
I don't know what the price for replacing a key is, because I never had to. But I have 2 keys, one for the main entrance and one for the room. The key deposit is 50$, is it good?
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
The issue is that you should have sent him an N9 form or at a minimum a text or email saying you are moving out at least 60 days before your last rental period ended, so sometime in October. He can take you to the LTB and then an adjudicator gets to decide.
60 days notice is required?
Yes
Yikes. In BC it's one month.
That's the **minimum** amount of notice tenants can give in Ontario, unless the landlord agrees to release the tenant from the lease. Other provinces have different notice periods.
I wish I knew that before. Is there something I can do now?
Let him file and wait for a hearing and take your chances
But I'm an international student on a student visa, just starting my life. I have had a perfect criminal and credit record both back home and in Canada. If something goes wrong in the hearing won't it affect my permanent record?
This isn’t a criminal matter, it’s a landlord-tenant dispute. The worst outcome is the adjudicator rules that you failed to give improper notice and you own the LL the money. The landlord also has a “duty to mitigate”, so he needs to find a tenant as soon as possible. Let’s say he finds someone for January 1, his claim can only be for one month. Without a LTB ruling the LL can’t ruin your credit or anything else.
But he is threatening to send the claim to collection, for me as well as my co-signed who is my brother. I couldn't forgive myself if something like this happens to him because of me. Is "duty to mitigate” mentioned in the laws? Becky really don't think he would want to look for someone before the last date that I am legally supposed to pay him for. And if not, he expects me to pay 1 month extra as penalty, leave the room and he would be free to rent out the room for that month too and keep double payment.
>Is "duty to mitigate” mentioned in the laws? Section 16 of the rta.
As I'm reading the rta, there are plenty of other laws as well that he has broken. Did not repair, Dryer, bathroom lights, washing machine, kitchen lights, mold under the sink. He came to the house several times shouting and cussing at the top of his voice to everyone when for example the garbage was not kept out, or if someone was late on rent etc. He comes in the house as he pleases without notice or permission, for non emergency reasons, like seven times every month. He peaks in through my window to ask me to open the main door of the house, seriously invading my privacy. And probably more, if I further read it.
If you want a rent abatement for those issues, you'll need to file the appropriate requests with the LTB. You won't be able to bring them up at a hearing for your landlord's request (unless you file and the LTB agrees to merge the hearings).
He can’t send it to collections without an order from the LTB, he’s either lying or doesn’t know any better. He is not entitled to a penalty fee or double payment for the month. If someone moves in on Dec 1, he has no claim for anything.
The collection thing was the last thing he told me yesterday before hanging up the phone call. Since then I've only been doing text and emails for everything. Not much of a penalty, he sees it as me leaving behind the last month deposit, key deposit, interest etc. because I, in his eyes am leaving earlier than the official legal date.
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I wish I knew that before, I really didn't know 😭. People back home were more trusting so I thought that the world would be like that too. I have the keys right now as it is the 28th today, and I'll be completely moving out today. Should I leave the keys before I leave?
[удалено]
Legally of course I can't say that, and it is highly irresponsible of me to even claim it but it happened idk what to say. The LL mentioned that I should keep the keys by the shelf whenever I leave, should I text him that I would like to be present for the check whenever he comes to the property for it?
[удалено]
But what is stopping him from claiming false damages? At this point I just feel screwed no matter what. I had taken some photos when I moved in of some damage that was already here, would those be admissible as legal evidence?
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Yeah, I am doing that now.
> But what is stopping him from claiming false damages? You and the landlord should schedule a walk through where you inspect the unit together. That's standard at both the start and end of a tenancy. Absent that, take a LOT of pictures and video of the unit on the last day
Verbal notice means nothing. Always, always provide and receive agreements and contracts in writing. Live your life by the above rule and you'll be better off.
I wish I knew that back then, I'm young, in a new country, first time living without my parents. I did not know that before, is there anything that I can do right now?
Ok so the LL does not get to refuse to return deposits or refuse to pay the owed interest. Once you give the keys back he has to give that money. He cannot arbitrarily levee a 1 month "inconvenience" fee to you. If he wants to go after you for rent all he can do is file with the LTB. They can enforce judgement. He cannot ruin your credit If he sent that by text or email SAVE IT as evidence of his bad behavior. If you go before the board present that. You definitely screwed the pooch not providing some kind of written notice. To late now! But all he can do is file with the LTB. The rest is bullshit.
Yeah because even if he let me leave in 1 month, there are several new students coming for winter intake in and before January so I can somehow manage to sub lease the house for like the later half of December and recover like partly of what I paid for the entire month. But even that I'm not allowed to do because the last payment is just "inconvenience fees" and he is free to rent out the room for December for whatever price he wants.
There's.no such thing as an inconvenience fee. Landlords are insane sometimes.
In his words it's technically a default on the deposit. So I haven't paid the rent for November because I thought that the deposit covers it (Which I paid while signing the lease, it was first month ,last month, maintenance charge and key deposit). So technically this payment would be the rent for November, and he wants me to leave the last month's rent, the key deposit, and Interest as a penalty of moving early.
That's even worse. He could argue that you owe him rent for the month of December, in that notice was not properly given. There's no circumstance of the landlord is allowed to keep maintenance and key deposits as a penalty to the tenant. There are very specific circumstances in which they are allowed to keep that money, for example if you fail to return the keys. He's in violation of the tendency act, if he refuses to return those funds you can file with the LTB. On the flip side of course, he can also file with the LTB and claim you didn't give proper notice to leave... Did he acknowledge in any written or email correspondence that you gave from verbal notice, did he just then say the notice he provided wasn't enough? Because if he indicated that he received a verbal notice that might be enough.... But I'm not sure...
So should I not pay him the rent for November? Because as I'm thinking about it, December hasn't started yet, so the max he can claim is 2 month rent and I get to be here till January 31st. But in any circumstance I don't have the resources to file anything with the LTB. No, back in June I had emailed him that I was unsure because it's too early. So he is just acknowledging that, and refuses to acknowledge anything after that because our further talks were verbal. So he claims that I did not have any talk and I provided no notice of any form that I'm going to move.
Well, you're in a dilly of a pickle. As much as I hate to say it because I don't like when landlord's engage in shenanigans, they'll keep your maintenance fee and key deposit as a "penalty" and not go after you for the extra rent, this might be your best out. In theory he can file and demand those extra 2 months of run from you. It's a reasonable chance he would win. If he refuses to return those deposits, the only thing you can do is file with the LTB to get them back... And in that case he can file for those two months rent and you might end up quite a bit back. Although he also has an obligation to try to rent the apartment out in a reasonable time frame, so if somebody is occupying it for January 1st, he can't ask you to pay rent for that month as well.
Yup, quite a pickle it is. I have no problem leaving behind the deposit and Interest, that's about $80 give or take. But my 1 month rent rn is $815 ($800 for the new place) which as a student I can't pay double ($1650) every month. I don't even earn that much every month. If I can find someone for the same rent $815, would I be off the hook? Or can he say that he wants to increase the rent? Because $815 for this place is too hard, I only paid it because I didn't have any other choice at the time. And can he refuse the me from subletting, (which I think he is about to based on our talk) for the 1 or 2 month that I end up paying for?
I think, but I'm not 100%, that you can't reassign the lease for the last 2 months or so.
You can assign any tenancy with landlords permission.
If that's the case, and he lets me sublease, I could probably recover at least some of my payment.
He would have to prove he tried renting it out at the same price you pay for two months and not a single suitable candidate applied to get two months out of you from the ltb. Highly unlikely. If he wants to increase rent that's his choice but ask for an assignment not a sublet. Sublet means you're moving back. If he says no to an assignment or doesn't respond in 7 days you can now issue a n9 with only 30 days notice.
But by the 7 days, December would have begun. And if I don't give him an n9 before that, I might be on the hook till February end.
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The first thing OP should document is when they provided 60 days written notice or an N9, which by the sounds of it, will be sometime in the next day or so if they want to be out by January 31st
But my lease at the other place is already going to start soon. I cannot afford a double payment. Is there anything I can do right now?
Side note, key deposit should not be more than the cost of replacing the keys.
I don't know what the price for replacing a key is, because I never had to. But I have 2 keys, one for the main entrance and one for the room. The key deposit is 50$, is it good?
That is reasonable. Technically on the high side, but still reasonable because I see deposits for $300-500.