Questions & Answers
Is the tenant obliged to extend tenancy for one month to meet the notice requirement?
In my tenancy contract I have this clause:
"If the tenant intends to vacate or renew the tenancy on the expiry date, he/she agrees to give the landlord at least ninety (90) days written notice.
a) Renewal should be signed and the rental cheque has to be paid 1 month before expiry, otherwise, the landlord has the right to find a new tenant."
I gave the landlord notice 60 days prior to the expiry date. Now he is asking for a penalty of one month from me or extending the contract for 1 month with an additional one-month payment.
However, in the clause, I don't see any reference to such a penalty. The only written sub-clause is that renewal should be signed one month before expiry, otherwise, he can find another tenant.
I want to leave the last day of the contract, therefore I don't have any issue with him finding another tenant afterwards.
Based on the above, is he eligible to get a penalty?
Kind Regards,
D. D.

Hello Inquirer,
Please note that you are required to follow the terms and conditions in your contract.
Therefore, if your contract stipulates that you are required to serve a ninety days notice, you must follow the same.
At this stage, we suggest that you extend your tenancy contract for an additional period of one month to avoid such a penalty.
For further queries please do not hesitate to contact us at our email.