When should my landlord pay me the money they promised for my move?
Quick Summary
Yes, your landlord must pay you the $3,500 no later than August 31st. Under Ontario law, compensation for certain types of termination must be paid by the final day of your tenancy.
The situation
I live in a rental apartment in Ontario, and my landlord recently gave me a notice to end my tenancy because they want to move their own family member into my unit. Because of this, we agreed that the landlord would pay me a compensation amount of $3,500 to help with my moving costs and the extra labour involved in finding a new place. The notice states that my final day in the apartment will be August 31st. I have already sent two polite emails to the landlord asking when I can expect the pay cheque for that $3,500, but they have just been ignoring my messages and haven't given me a specific date. I am getting quite worried because I need that money to secure a new lease elsewhere. I want to make sure I am not being taken advantage of. Does the landlord have to give me that money by the time I actually move out on August 31st, or are they allowed to wait until a few weeks after I have already left the property to settle the payment?
Detailed Analysis
Under the Residential Tenancies Act, your landlord is not allowed to wait until weeks after you have moved out to settle your payment. Because your landlord is ending your tenancy for reasons related to personal use (which falls under the categories of notice covered by the Act), there are strict rules regarding when you receive your money.
Specifically, the law states that "the landlord shall compensate the tenant no later than on the termination date specified in the notice of termination of the tenancy"[1]. This means that since your notice specifies August 31st as your final day, that is the absolute deadline for the $3,500 payment to be in your hands. The law does not permit them to delay this payment until after you have vacated the property.
In your case, the landlord's failure to respond to your emails does not change this legal deadline. Even though you have an agreement for $3,500, the timing of that payment is governed by the termination date in your notice[1].
It is important to note that while the law is clear on the deadline, the specific reason for your notice (family member moving in) usually falls under section 48 or similar provisions. If the landlord fails to meet this deadline, they are in violation of the Act. Please note that state, provincial, or local laws may add further rules, and you should check with the Landlord and Tenant Board for specific administrative procedures.
Statutory Citations
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 55.1 — Compensation under ss. 48.1, 49.1, 52, 54 or 55
"the landlord shall compensate the tenant no later than on the termination date specified in the notice of termination of the tenancy"View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 50 — Notice, demolition, conversion or repairs
"A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to... (c) do repairs or renovations"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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