markan

I am currently renting in Toronto, on a 12 month lease.I am wanting to leave this address and move to Oakville,which is where I work.I have been in this property 6 months so the question is, can I break the contract , or am I stuck for another 6 months. I was led to believe as long as I give 60 days notice I am within my rights to leave, but the landlord disagrees. Any advice or info much appreciated.

Auld Yin

Stuck, I believe, unless you can sublet. Check your lease for your rights in the matter. You could possibly get out of it with a penalty. Given the apartment rental availability rate in TO it's going to be difficult for you.

andrewrb143

I've never heard of the 60 day thing. You should be able to sublet though. Maybe even consider the midnight move.

markan

My landlord is being very awkward concerning this matter and keeps relating to the lease and agreement.When thiis lease was signed it was an agreement with Mr Joe Bloggs Snr, who was a friendly, chatty gentlemen who lived in the apartment below.Unfortunately Joe snr has since passed away and Joe jnr is now our new landlord, who is the total opposite of his father.
Would this be feasable to tell Joe jnr that I have no contract with HIM whatsoever. I am hoping this will not have to come into the equation, but jnr is a very stubborn arrogant person.

Auld Yin

I don't think your claim holds any water. If the father is dead and the son inherited the building, I believe he also inherited the lease(s). Imagine you had leased in a multi-unit building from a corporation and during the lease the corporation sold the building. At date of sale all existing leases would not become null and void.

AdrianR

Again - CHECK the lease. It is probably between yourself and Mr Joe Sr, or 'his successors and assigns' - meaning his inheritors (if he died) or his purchaser (if he sold his interest). A boilerplate, wily lawyer would always ensure that a lease interest is transferred on the death of its owner.

MB-Realtor

Taken from:-

http://www.ontariotenants.ca/law/law.phtml



Q3: Can I end my lease early? And do I have to give notice of termination?

A3: It depends on what type of tenant you are.

If the original lease you signed has not expired, check the date. It is probably for a term of one year and you have a commitment towards that lease. Talk to your landlord and if they will agree to early termination of the lease, get it in writing, including the date you will be leaving and make sure the landlord and you both sign the document. If your landlord will not agree to any early termination of your lease, call your lawyer or your Community Legal Clinic. The tenant is obliged to give the landlord 60 days minimum written notice of their intentions to leave.

A very common way of getting out of such a lease is to find a tenant who is willing to take over your lease, such as by advertising it yourself. See Part VI of the Residential Tenancies Act, about Assignment and Subletting. Check here if the landlord refuses or doesn't respond to an assignment, or contact the IEU.

Assignment of your lease is preferred because the new tenant takes over all responsibility for the lease on the apartment. Subletting is another alternative but because you continue to be liable for the conditions of the lease and so this is usually only used when you want to retain your lease, but will be away for a period of time and want someone else to be living there and (hopefully) paying the rent.

If you never had a lease, or if your original lease expired and you have continued to live in the apartment without signing another one, and you pay your rent on a monthly basis, you have a month-to-month tenancy. You must still give at lease 60 days written notice before the end of the last month you intend to live there. See Period of notice, monthly tenancy.

If you give your notice late, you will be responsible for an extra month.

There are two exceptions to this 60 day rule for monthly tenancies, and those are for terminations which are to be effective on either the last day of February or March. For terminations of a tenancy for the last day of February, the notice must be given no later than the preceding January 1. For a termination effective March 31, the notice must be given no later than Feb. 1. For more information see Period of notice, February notices

Tenants who rent on a week-to-week basis need only give 28 days notice.


Q4: Are fees for "breaking a lease" legal?

A4: If you have signed a lease for a specific period of time and it has not reached its end date yet, you may want to negotiate something with the landlord. If you are going to end your lease at the end date of that agreement and give 60 days notice of that, or are a month-to-month tenant and give 60 days notice, or a week-to-week renter and give 28 days notice, the landlord can not legally charge you any fees for not renewing your lease.

MB-Realtor

It could lead to a summary judgment in Court and a ruined credit history.

All the Provincial Tenant and Landlord Acts that I have looked at favor the Landlord.

markan

As I was new to Canada and starting work immediately I looked at rental properties on a month to month basis.This property stated LEASE MONTHLY on MLS,of which I still have a copy. Unfortunately the actual lease states 1 year, but when your rushing off to Tim Hortons to sign documents enabling you and your family to get a roof over your head I suppose you dont read it thorough.Not only is this p-----g me off, but it feels like iv'e been conned.This is why I left UK,hoping to find a place to settle without all the bulls--t.

Thanks for replies and advice, PS How much are the lawyer fees expected to be

MB-Realtor

If you still have a copy of the "Lease Monthly" in writing and applying to your apartment, and you rented through a Realtor and not a letting agent, you may be able to get out of the contract, if it was a Realtor they should have explained the important parts of the contract to you, especially if you had told them you only wanted a month-to-month rental. Its worth having a word with them or their broker IF this is the case.


Lawyers normally charge between $150 and $250 per hour, depending upon the firm. Phone a few and ask.

markan

The documentation I have is the sheet provided to you by the realtor, showing address, property, dimensoins, bathrooms,bedrooms, utilities included or excluded etc. More important Lease Term ; MONTHLY.
Povided by H------- C------- Realty Corp, Brokerage

MB-Realtor

Go talk to the Broker and explain your situation, and that it had been advertised to you as a month-month and that it was not explained to you, nor did you understand at the time, that you were signing a years lease. Tell them that you would prefer not to have to employ a lawyer and pursue your case that way, if there is any alternative solution that they come-up with.

The outcome you want is either:- 1) that the lease be voided at no further expense or liability to yourself, or converted to a month-to-month lease. Or failing that, 2) the Broker finds, at no cost to you, a new tenant who will accept the lease being assigned to them, again with no further expense or liability to you.

What you want to avoid if possible is "Sub-Letting" as you still remain responsible for any un-paid rent and any damage to the apartment through to the end of your lease.