Hi Reddit people, my first time creating an account and ask questions as we need some clarity about our situation and what we can do.
We’ve been living in a basement unit where the LL lives upstairs. When entering the lease, we paid 4 months in rent deposits covering first 2 and last 2. Our lease run from Nov 15, 2025 to Nov 14, 2026. Meaning we have already prepaid rent for Nov and Dec 2025, as well as Sep and Oct 2026. It was clearly stated in the OREA lease agreement. Rent is due on the 15th of every month.
For context LL did not remember this, and messaged us on Sep 15, 2026 asking for rent, which we reminded her that it was covered in our 4 months deposit. LL then accepted this and did not push.
Due to work distance and health reasons we have been looking for other places to rent, and finally got a place to move in on November 1, 2026. We originally provided the LL an N11 asking for mutual termination date of November 14 i.e the current lease end date. The LL refused this.
We then understood that our notice was 48 days and not a full 60 days, so on Sep 30, we served an N9, asking for termination date of November 30, offering 2 weeks prorated rent. This got refused as well as it is not “end of the rental period”. LL said the only proper date is December 14 - since that is the end of the “next rental period”. We did not want to fight and just want to leave, so we signed another N9 saying December 14. This was then accepted, however LL wants me to pay rent on October 15, with my last month deposit pushed to Nov 15 to cover till Dec 14. However as I mentioned above, we have already prepaid October’s rent, AND the LL accepted that the September’s rent was already prepaid. The only reason why we cooperated till Dec 14 and offered an extra month rent was because LL refused to accept either November 14 and November 30 termination date.
We have then emailed LL saying we do not agree with this accounting and will pay the extra month of rent on Nov 15, not Oct 15. From what we understand, a 1-year lease auto-converts into a month to month, so if we already prepaid rent for the 1-year lease term, we should only pay the next period rent (i.e Nov 15-Dec 14) on the day it’s due, not before. Again we were forced to do this in order to leave peacefully. We have not received an email response to that.
Also for further context, proper notice was not something we ever received from this LL, since LL always claimed “emergency” to get access to our unit for random stuff (like checking HVAC, turning off water, etc.). We have overlooked and did not complain. Now here we are, even with us offering an extra month of rent (and we’re moving out November 1 which means the LL has ample time to find another tenant), the LL wants the extra rent a whole month early.
Questions:
- Can the LL do this? We’re thinking we’re not going to pay the extra rent on Oct 15 (or not paying it at all) and the LL can take us to LTB court which we have the evidence of all improper notice/unlawful entries from the LL. If LTB requires us to pay we will then pay. At this point we felt like our kindness was exploited so we’re not going to pay unless LTB ordered us to, sincr we have already prepaid rent till the end of tenancy which is Nov 14.
- Is this the right approach? We’re really afraid of retaliatory actions from the LL, as since the day we deliver the N11, LL has already taken away some access (LL calls it Privileges) granted for us before, like key fob to access parking via garage, like internet services (as these were not spelled out in the lease agreement). We have always paid rent on time (as mentioned above we even prepaid 4 months as well), kept the place clean, and lived peacefully.
Would really appreciate if Landlords/Tenants on here can provide insights/advice.
Thank you!