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Old 12-01-2022, 12:26 PM   #23
photon
The new goggles also do nothing.
 
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Join Date: Oct 2001
Location: Calgary
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Yeah I think the 30 vs 90 day thing is kind of irrelevant with respect to them trashing the place or doing something to cause you a headache. They'll do it either way if they're going to do it.

And as said the 90 day has the advantage of giving more time for them to find an alternative place and give more time to cool off.

If it were me I'd give them 90 days and spin it a bit.. say that if they find a place earlier and they move out earlier you're ok with agreeing to terminate the fixed term lease early. Then hopefully they'll feel like they're at least getting some flexibility.

The risk of saying nothing I think would be that either the wording in the lease isn't explicit, or the tenant didn't read it and understand the implications. And in either case if it came to court or the remediation service they'd probably win.

In my leases I have explicit wording saying at the end of the fixed term agreement the agreement ENDS unless otherwise agreed upon by both the landlord and the tenant. And I make sure and point that out when doing the final signing saying we should talk a few months before the end of the lease to do an amendment if we both agree.

That said if the end goes by and I keep accepting rent I recall being told that that counts as a defacto amendment and a court would say the lease is now a month by month lease.
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