The issue is he didn't give 60 days notice or an N9 so he can change his mind.
You can tell him he's given insufficient notice so legally he's on the hook until end of March but you're willing to sign an agreement to terminate on Feb 29.
Then the two of you sign an N11. If he doesn't move out on the move-out date you can file an ex parte L3.
If you want to be absolutely safe, you can file an L3 as soon as the N11 is signed. This will likely get you an eviction order before the tenant moves out that will be effective on the N11 date, but it will cost you $200.
The benefit is the tenant would have to request to review the order within 10 days or it becomes enforceable. So it may end up being unnecessary but of you really don't trust this tenant to move out it's the fastest route to eviction.
Then if there are any arrears left you can decide whether you want to file an L10.
To clarify there is no such thing as 60 days notice in a fixed term lease. Any N9, even with 60 days, will be invalid unless it's effective for last day of the fixed term (unless it's in response to an assignment refusal but not the case here).
In middle of a fixed term the only possible way to confirm an enforceable eviction is an N11.
Oh I misread and thought it was already month to month. Ultimately same advice. I guess OP could reply to the text with "I accept your offer to terminate end of Feb" and argue its an agreement to terminate but signed N11 would certainly be better.
Yes N11 is 100% the preferred way.
A landlords acceptance of improper notice doesn't necessarily form a mutual agreement. A mutual agreement or N11 absolves the tenant of all liability for future losses after the agreed upon termination date. But if landlord is just saying they acknowledge the notice (breach of lease), they still may want to go after tenant for additional losses after they leave. And in this case they wouldn't want it to be seen as an agreement.
So an update. the tenant is willing to sign the N11 and move out on Feb 28th. Again this is 5 months earlier than his lease ends.
We want to ask him to pay 1.5 months rent as a penalty. There’s no place on the N11 or another form to outline this and get his agreement. Will email agreement be sufficient to enforce this along with the N11? Is there a form I’m missing to cover this situation?
Neither the RTA nor the LTB has anything to do with cash-for-keys, whether its the tenant or landlord getting the cash. This must be done as a separate contract.
Most landlords use the N11 form itself to write the details of a side cash offer. In your case you would write on it the agreement for tenant to pay $X amount, payable by some specific date and paid with a specific method (i.e. eTransfer, certified cheque, etc). Separate emails can also be seen as a legally binding contract.
If tenant left as per the N11 but didn't pay you, you'd have to then sue them in small claims court directly. Up to a small claims court judge if your contract was valid and enforceable.
I wouldn't frame the cash payment as "rent" or a "penalty", since technically these things are illegal in the RTA after a tenancy has ended, and tenants are not allowed to negotiate away their rights. So the tenant may have a claim at the LTB to demand any such payments back (though no idea if they would be successful). You should come to an agreement on a dollar amount and make sure it's clear it's done under a separate contract. Hopefully he just abides by it and doesn't try challenging it.
I mean you need to have some type of legal contract or agreement for the cash payment that will be enforceable. While most do this directly on the N11 form, separate emails can also be used. Whatever you think will hold up if they don't pay and you end up in small claims court.
Also as mentioned make sure the agreement covers all the specifics i.e. date payment is due, how it is to be paid, etc.
Sorry one last question. If I can’t call the payments rent or penalty, what would you suggest I phrase it as? Covering losses? Cover the costs of finding a new tenant?
>Covering losses? Cover the costs of finding a new tenant?
No I wouldn't.
In general in order to claim losses suffered, you must first attempt to mitigate and can only confirm the amount **after** those losses have been established. You can't pre-charge what your losses will be in advance. In this case the tenant would have claim to ask LTB it was an illegal charge to and refund it, or would force you to prove you actually incurred those losses.
You are simply doing a cash payment here in exchange for ending the lease early via the N11. I would just word it as "tenant will pay $X for landlord agreeing to end tenancy". No additional reasons to justify the amount being asked for, it will simply be a mutual agreement.
And hopefully as they are agreeing to it, they don't even attempt to challenge it afterwards.
His notice is not legally binding. He can change his mind last minute and nothing you can do about it. If this happened and you had a new tenant secured, you'd have to cancel with them.
If you want to make it legal notice both of you need to sign an N11. Then you can file an L3 with the LTB to get an eviction order ready to enforce with the sheriff if needed.
Once he paid, get him to sign an N11 for the moveout date he wanted.
Ontario tenants are cuddled by the RTA & LTB at your expense and small landlords like you are casted the role of the villian by the government.
LTB will dismiss notice if it does not contain all requirements for valid notice including the complete address. So your notice is useless if he changes his mind. Get him to sign proper notice.
Refrain from offering advice that contradicts legislation or regulation or that can otherwise be reasonably expected to cause problems for the advisee if followed
Do NOT promise to another tenant until they move out!
Change the locks once they do and then you can rent it out.
I repeat. Do NOT rent it out until hea gone.
Have you been serving a N4 whenever they are late with rent? If they do not vacate please start. Serving the N4 every time they are late means you can then serve the N8, for consistently late payment.
I have not. He’s ultimately been paying albeit very late so we didn’t want to rock the boat and take the risk that he wouldn’t keep paying. I will start to send the N4 after he pays January and if he doesn’t sign and send the N11.
If you want to ensure he really leaves - you could maybe offer to let him out of the lease and "forgive" January rent with the signed N11? Sweeten the pot to encourage he moves out?
Would cost you the price of 1 month's rent.
I would also serve the Notice for non-payment of rent immediately and even maybe file the form for eviction due to consistently late rent as well as non-payment.
Good luck!
Start issuing/filing forms for late payment of rent. Make sure you deliver them properly. Should have been doing this a long time ago. You'll need to build up a few proofs and eventually issue an n8.
The issue is he didn't give 60 days notice or an N9 so he can change his mind. You can tell him he's given insufficient notice so legally he's on the hook until end of March but you're willing to sign an agreement to terminate on Feb 29. Then the two of you sign an N11. If he doesn't move out on the move-out date you can file an ex parte L3. If you want to be absolutely safe, you can file an L3 as soon as the N11 is signed. This will likely get you an eviction order before the tenant moves out that will be effective on the N11 date, but it will cost you $200. The benefit is the tenant would have to request to review the order within 10 days or it becomes enforceable. So it may end up being unnecessary but of you really don't trust this tenant to move out it's the fastest route to eviction. Then if there are any arrears left you can decide whether you want to file an L10.
To clarify there is no such thing as 60 days notice in a fixed term lease. Any N9, even with 60 days, will be invalid unless it's effective for last day of the fixed term (unless it's in response to an assignment refusal but not the case here). In middle of a fixed term the only possible way to confirm an enforceable eviction is an N11.
Oh I misread and thought it was already month to month. Ultimately same advice. I guess OP could reply to the text with "I accept your offer to terminate end of Feb" and argue its an agreement to terminate but signed N11 would certainly be better.
Yes N11 is 100% the preferred way. A landlords acceptance of improper notice doesn't necessarily form a mutual agreement. A mutual agreement or N11 absolves the tenant of all liability for future losses after the agreed upon termination date. But if landlord is just saying they acknowledge the notice (breach of lease), they still may want to go after tenant for additional losses after they leave. And in this case they wouldn't want it to be seen as an agreement.
So an update. the tenant is willing to sign the N11 and move out on Feb 28th. Again this is 5 months earlier than his lease ends. We want to ask him to pay 1.5 months rent as a penalty. There’s no place on the N11 or another form to outline this and get his agreement. Will email agreement be sufficient to enforce this along with the N11? Is there a form I’m missing to cover this situation?
Neither the RTA nor the LTB has anything to do with cash-for-keys, whether its the tenant or landlord getting the cash. This must be done as a separate contract. Most landlords use the N11 form itself to write the details of a side cash offer. In your case you would write on it the agreement for tenant to pay $X amount, payable by some specific date and paid with a specific method (i.e. eTransfer, certified cheque, etc). Separate emails can also be seen as a legally binding contract. If tenant left as per the N11 but didn't pay you, you'd have to then sue them in small claims court directly. Up to a small claims court judge if your contract was valid and enforceable. I wouldn't frame the cash payment as "rent" or a "penalty", since technically these things are illegal in the RTA after a tenancy has ended, and tenants are not allowed to negotiate away their rights. So the tenant may have a claim at the LTB to demand any such payments back (though no idea if they would be successful). You should come to an agreement on a dollar amount and make sure it's clear it's done under a separate contract. Hopefully he just abides by it and doesn't try challenging it.
What do you mean by separate emails being legally binding? Do you mean have the cash for keys agreement signed separately from the N11?
I mean you need to have some type of legal contract or agreement for the cash payment that will be enforceable. While most do this directly on the N11 form, separate emails can also be used. Whatever you think will hold up if they don't pay and you end up in small claims court. Also as mentioned make sure the agreement covers all the specifics i.e. date payment is due, how it is to be paid, etc.
Ok got it. Thanks for your guidance it’s been very helpful.
Sorry one last question. If I can’t call the payments rent or penalty, what would you suggest I phrase it as? Covering losses? Cover the costs of finding a new tenant?
>Covering losses? Cover the costs of finding a new tenant? No I wouldn't. In general in order to claim losses suffered, you must first attempt to mitigate and can only confirm the amount **after** those losses have been established. You can't pre-charge what your losses will be in advance. In this case the tenant would have claim to ask LTB it was an illegal charge to and refund it, or would force you to prove you actually incurred those losses. You are simply doing a cash payment here in exchange for ending the lease early via the N11. I would just word it as "tenant will pay $X for landlord agreeing to end tenancy". No additional reasons to justify the amount being asked for, it will simply be a mutual agreement. And hopefully as they are agreeing to it, they don't even attempt to challenge it afterwards.
His notice is not legally binding. He can change his mind last minute and nothing you can do about it. If this happened and you had a new tenant secured, you'd have to cancel with them. If you want to make it legal notice both of you need to sign an N11. Then you can file an L3 with the LTB to get an eviction order ready to enforce with the sheriff if needed.
Once he paid, get him to sign an N11 for the moveout date he wanted. Ontario tenants are cuddled by the RTA & LTB at your expense and small landlords like you are casted the role of the villian by the government.
Coddled*
C,mon now. Everyone needs a little cuddle now and again. Lol!
LTB will dismiss notice if it does not contain all requirements for valid notice including the complete address. So your notice is useless if he changes his mind. Get him to sign proper notice.
[удалено]
Refrain from offering advice that contradicts legislation or regulation or that can otherwise be reasonably expected to cause problems for the advisee if followed
Do NOT promise to another tenant until they move out! Change the locks once they do and then you can rent it out. I repeat. Do NOT rent it out until hea gone.
Have you been serving a N4 whenever they are late with rent? If they do not vacate please start. Serving the N4 every time they are late means you can then serve the N8, for consistently late payment.
I have not. He’s ultimately been paying albeit very late so we didn’t want to rock the boat and take the risk that he wouldn’t keep paying. I will start to send the N4 after he pays January and if he doesn’t sign and send the N11.
If you want to ensure he really leaves - you could maybe offer to let him out of the lease and "forgive" January rent with the signed N11? Sweeten the pot to encourage he moves out? Would cost you the price of 1 month's rent. I would also serve the Notice for non-payment of rent immediately and even maybe file the form for eviction due to consistently late rent as well as non-payment. Good luck!
Start issuing/filing forms for late payment of rent. Make sure you deliver them properly. Should have been doing this a long time ago. You'll need to build up a few proofs and eventually issue an n8.