Landlord Question
 

Hey

So Im renting a room in Regina for the last almost two months and I need to move to Estevan in about 10 days,I just got offered the job today.

When I first moved in the landlord gave me a contract but it was dated wrong so I gave it back to him and told him to correct it but he never bothered to re-do it.It did say that if you don't give a months notice the damage deposit will be kept,which is a months rent.

So Im just wondering what people normally do in this situation since Im not use to renting,do I ask for the full damage deposit back since I have no contract?

Re: Landlord Question
 

If your on a month to month lease, then you have to give a months notice.

http://www.justice.gov.sk.ca/ORT

You've been there 2 months, and no doubt paid rent, along with a deposit, so you have actually accepted the terms of the lease just by taking up residence. You don't actually have to have a signed paper lease, you have made a contract, its just easier to prove in court if its on paper.

Re: Landlord Question
 

I agree with the above. A contract exists by enacting the terms of the agreement, a signature is not required for it to be binding once both parties commence the transaction, i.e. the landlord provides access to a property and the tenant occupies the property.

If your payments are monthly, you have to give a months notice or lose your deposit. On the up side, at least it is not a 6 or 12 month term, or you could be on the hook for the full amount.

Re: Landlord Question
 

Just to add that while the landlord may keep the deposit (satisfying whatever procedure needs to be followed) for unpaid rent, there's generally an expectation that attempts still need to be made to let the accommodation.

On my tenancy changeovers, twice I've had tenants move out a couple of weeks before the end of the month and I've refunded appropriately when the new tenant moved in and paid from that date.

Re: Landlord Question
 

For anybody in a different Province reading this, please note that the rules regarding tenancies vary from Province to Province. So the advice that you read here for the OP may not be valid where you are.

Re: Landlord Question
 

However, contract law is the same country wide. If a tenancy contract exists, leaving early may constitute breach of contract. The injured party has an obligation to mitigate losses. The retention/return of a deposit would come under the provincial Residential Tenancy Act, losses as a result of the tenant leaving early would be contractual and the landlord would have to sue for damages if the tenant was not forthcoming.

Re: Landlord Question
 

This is why I wont sign a lease, impossible to predict 6-12 months down the road and silly to sign something committing yourself to one location for that time frame. Month to month is the only way to go so you can get out easily.

Re: Landlord Question
 

Absolutely, I was referring more to the specific advice eg, 'if you are on a month to month then you need to give a month's notice' that is not the case in all Provinces.