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johentie
Feb 4, 2008, 12:47 PM
Hello,

I live in Toronto, Ontario, Canada.

I am getting Married in June and my fiancé and I bought a house that is closing at the end of Feb 08.

I am moving in at the end of Feb BUT my landlord wants 60 days notice.

I wrote her a Notice at the end of January saying that my last day of tenancy is Feb 29th.

No where in the contract does it state how many days I have to give her before I leave.

There is a Lease agreement starting June 2007 BUT ends May 2007.

Is this agreement void cause the dates are not correct?

And even if that is the case Do I have to give her 60 days notice even if it is not stated in the contract?

ScottGem
Feb 4, 2008, 12:51 PM
No the type of the date does not void the lease. If there is NO provision in the lease for notice of moving out, then the prevailing law applies. Most areas require 30 days notice. But check the landlord/tenant laws for Toronto.

However, since you are planning on breaking the lease, then you have another issue. It sounds like the landlord is willing to allow you out of the lease but only with 2 months notice. Since the landlrod doesn't have to allow you out at all, that seems like a reasonable requirement.

johentie
Feb 4, 2008, 01:01 PM
Are you serious? Dammit..

The toronto tenant act says 60 days if before the end of the agreement.. but I thought her screwing up the date would do it..

Plus the fact that my circuit breaker board has been sparking for the last two months and she keeps saying it's fixed but I can't turn on certain lights in my house without that thing sparking.

Also the temperature control is upstairs and no one lives there and she refuses to give me a key to turn it up or down.. also she comes into the upstairs unit sometimes and leaves the lights on for days at a time and wants me to pay the electricity bill!

So as you can see I wouldn't mind paying usually but with her lack of cooperation I want to get out of it as much as possible

ScottGem
Feb 4, 2008, 04:36 PM
No, any reasonable person would understand you can't have a contract expire before it starts. So it would clearly be a typo. Now the issues of sparking might create a dangerous condition that could let you out. The heat issue probably wouldn't unless it the downstairs were dangerously cold.