Tag Archives: Pajelle Investments Ltd. v. Braham [1993] O.J. No. 261

Can a landlord first evict tenant and then seek rent for failure to give notice?

The above tweet references an article in today’s Toronto Star. Obviously I have made no effort to independently verify the facts. Frankly, I hope the facts in this article are NOT true. Nevertheless, assuming the truth of these facts, I think this deserves some comment.

The article begins with:

One of Toronto’s biggest landlords has an in-house collections agency that pursues evicted tenants for two months’ rent because they didn’t give “proper notice” when they were kicked out of their apartments, the Star has learned.

MetCap Living Management, which has more than 10,000 rental units in the city concentrated in Parkdale and Scarborough, and Suite Collections operate out of the same Richmond St. E. office. Suite’s president, Brent Merrill, who also sits on MetCap’s corporate board, says everyone must give 60 days’ notice to vacate an apartment, even if they’re being evicted.

It is MetCap’s position that residents who breach their lease or give improper notice are required to pay the rent for the unit until it is re-rented or until the date that would have been the last day of the tenancy had proper notice been given,” wrote Merrill in an email to the Star. “We believe that we are following the law in the Province of Ontario.”

The Ontario Ministry of Municipal Affairs and Housing said the practice does not appear to be appropriate.

“If the landlord gives proper notice of termination and the tenant voluntarily moves out in accordance with the notice, the tenancy is terminated on the effective date of the notice. No rent is payable after the termination date, other than existing arrears,” said spokesman Mark Cripps.

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