jericho

To cut a long story short, we've decided on some cost cutting measures- the first one, to reduce our rent.
We're currently paying $1900 a month, and because of the ridiculous gas contract our landlord locked us in to, we've been paying over $500 a month for gas over the winter. $2400 a month is more than half my take home salary, and that's before any other expenses.

We found a smaller house in the same neighbourhood, where the rent was $1400 a month. The $500 saving, plus the saving we'd realise by switching gas suppliers, would mean we're at least $800 a month better off when compared to Dec/Jan/Feb.

The new house we've found is OK, but no garage and no backyard fence- not ideal when we've got 2 young kids that want to play in the garden. Anyways, we applied to the property agents, was accepted, and raised the lack of fence as an issue we needed to address. It was agreed that the security deposit had to be paid before we moved in.

At that point, management of the property went back to the owners, who no longer wanted to use the agents. The day after we were accepted, the owners turned up at our door, with no prior warning, asking for the security deposit and wanting to look round. I was at work, but my wife showed them round, but explained we didnt have the deposit money yet... they were really offhand, saying they werent sure if they wanted to rent or sell, complaining that we had a dog (which was already declared to the agents) and just being "strange"- for the lack of a better word.

I was pretty p'd off that they just turned up and was going to have a word with them about it, but my wife talked me out it, reasoning that we didnt want to get off on the wrong foot with them.
I gave them a call that night, discussed the deposit etc, and we discussed the lack of fence. They agreed that if the neighbour would go halfs, they'd install a fence, but otherwise, they didnt want to spend any money on the house because of the current depressed market.

We arranged for them to come round the next day to sign the lease...

The lease was about 15 pages long, and stipulated a whole host of things that we just couldnt accept. Eg/ no pets, no guests allowed to stay for more than 7 days, and then some other technically impossible things, like no flammable liquids (alcohol? aftershave?), no combustible materials (newspapers?). It also said we couldnt store anything on the porch, cant hang the washing out, and was generally pretty oppressive.
It was also lacking the clause which entitles us to "peaceful enjoyment" of the house. He also said he'd spoken to the neighbour and didnt think he'd be able to put the fence in.
In the end, we agreed on some changes, and I signed it...although he said he'd only let me have a copy once we'd payed the deposit. I said I'd pay him half now, and half before we move in.
It's a little difficult to explain in writing, but they were just weird, and I was getting bad vibes from the beginning.

Anyways, fortunately for me, the cheque I gave him bounced (completely not my fault- a banking error, but it bounced nontheless).
I called the new landlord up to explain what happened and he was a bit of a pratt about it.

I saw another property for rent yesterday, not far from here, similar rent, but bigger, attached garage and fully fenced. We had a viewing tonight, and we really like it, and the owner said she really liked us. If she'll drop the rent a little, we'd like to take it.

The dodgy lease has my wife concerned also- there's nothing to stop him from coming by any time he pleases, and the conditions were so strict that we could be evicted for the silliest thing.
The lease we have on our current house I have no problem with. We get on great with our current landlord and he gave us a great reference.

Would be interested to receive peoples opinions on this. Can the other landlord take me to court? How should I tell him I dont want his house anymore? Am I being unreasonable?

scrubbedexpat091

If you already signed the lease on the new place, the weird landlords can probably come after you for not keeping up your end. I've never had so sign a lease in advance, its always been the day I moved in, only thing paid in advance was the deposit which (in BC) is 1/2 months rent.

there's nothing to stop him from coming by any time he pleases, and the conditions were so strict that we could be evicted for the silliest thing.

Provincial laws should still come into play in regards to this, here in BC atleast they have to give 24 hours notice before entry, unless its an emergecy (fire flood, death etc.)

Best bet is to ask a rental advocacy group about the rules/laws in your province and your rights in regards to this.

But talk to the landlord in as nice a way as possible, explain everything, and see what they say.

rabrol

Maybe not...The lease agreement probably states that the security deposit has to be paid. If your deposit cheque bounced, this clause hasn't been net, and the lease would not be in force.

I'm not an expert on this kind of thing, but that is what I would imagine. Talk to the guy and see what he says. He was probably already a bit miffed at the bounced cheque, and might be happy to look for other tenants or to sell if he was thinking about it anyway.

skyturner

My advice........do a moonlight!! I am a UK Landlord of some 20+ houses and whenever I get problem tenants I often write off debts up to several hundred pounds as it just isnt worth the headache pursuing them and I am just glad to have my empty house back.

I would initially have a friendly chat with this weird Landlord but methinks he will be difficult so I would just pack up and leave.....let him take it from there.

How nice was that when your cheque bounced! thats why I always take cash as a deposit here, sounds like an omen and this was just not meant to be...he sounds like bad news and is one of those unscrupulous LL's who want to take the money but put nothing back and wants everything on his terms.

At the end of the day it is your home (not house) and you have rights and should be happy in your home without some weirdo dictating to you.....good luck.

Monkey Puzzle

Listen to your gut and run like heck! If this is what they're like before you even move in what will it be like if you actually lived in their house? I bet you'd never have a hope of getting the security deposit back when you left, they just sound like that type.

I'm afraid I don't know about the legalities are. Could you get some quick professional advice from a lawyer who specialises in this type of thing? At least I'd put in writing to the house owners what your issues / reasons are for changing your mind.

Sounds like you've had a lucky escape.

Brownstar

Run Forrest Run................go for the new place with the good vibes

jericho

Thanks all.
Have spoken to the landlord and tenants advisory board in Edmonton, and unfortunately I have very little rights now that the lease is signed.
He's allowed to pursue me for the lost rent, costs in re-renting etc, but has to mitigate those expenses by trying to find a new tenant.

I've sent him an email, basically saying I dont have the money, and asking if he'll terminate the agreement. Either way, I wont be moving in.

Thanks again.

Almost Canadian

Walks away shaking head, saying nothing as I cannot be bothered to deal with flamers. Get yourself a lawyer

AmyDavid

MB-Realtor

Either way you are still responsible for the rental payments for the entire period of the contract that you have signed.

The law is on the side of the Landlord, not you.

If the landlord attempts to rent but fails, you have to pay.

If the landlord manages to rent for less than you agreed, you are responsible to make-up the difference.

Don't piss the landlord off, try to reach a sensible agreement for you to get out of the contract.

jericho

What will the case be if I cannot pay the security deposit?

I want to be as reasonable as I can about it if possible, and I dont make a habit of signing contracts and backing out a few days later, but in this instance, my wife is particularly worried- especially with us having 2 young kids.

skyturner

Write down all your concerns.......no fence with kiddies (his refusal to erect or repair!) and all the other concerns in the contract. Yes you signed it...but realised immediately it was a mistake, offer to make a payment for his inconvenience (technically, I presume as in the UK you are bound to keep making payments until he finds a replacement tenant). He would relish this though, why try and find a new tenant if you are paying?

Personally, as I outlined earlier, after trying to mediate with him and outlining you are skint and cant pay (even if he took you to court you could only pay $5 a week etc). I would up and disapear in the night and cross any bridges at a later date. Just my opinion.

MB-Realtor

Just remember what effect that will have on your credit score, and how important that is now for every day life. Not just for borrowing money, The credit score is even used in assessing your reliability by some employers.

A small claims court judgment will stay on your credit score for a least 5 years after you have repaid it, so if you repay at $5 a week you can figure how long it will take to restore your credit. Your employer can also be required by the court to pay monies directly to your creditors.

Go see your landlord, make a deal with him to release you from that contract.

ESarge

I'm not a lawyer (though I studied a bit of Contract Law as part of my commerce degree. I know NZ tenancy law quite well and am getting familiar with BC law). I'd follow MB-Realtor's practical advice. *Negotiate* your way out of the lease.

Some legalities: The lease you signed holds although any term that conflicts with Alberta law should be unenforceable.

A contract is an exchange of promises and you promised that you'd pay a security deposit. The fact that it bounced does not affect the enforceability of the contract.

The fence thing appears to be not relevant. It's an issue for you which you did raise but it was discussed and you were denied before you signed the lease so you can't claim it was a statement inducing a contract. (This paragraph refers to the legal position, not how you feel)

Alberta legislation requires payment to get access to so I can't be specific. However, all jurisdictions I've looked at have specific residential tenancy legislation which guarantees rights for both parties. These acts generally also have a term preventing contracting out. That's why I say any term in the lease that conflicts with the legislation will be unenforceable. For example, the lack of a term guaranteeing "peaceful enjoyment" (the normal term is quiet enjoyment but peaceful is a more accurate word) is no barrier to your being able to enforce quiet enjoyment if the legislation says you have that right.

On to more practical matters: it sounds like the landlords are reluctant. They've likely been forced into a situation they don't like and they don't really know what they're doing. Firing the property manager is a sign they need more money from the property. Including a large and oppressive list of conditions indicates that they are concerned about the safety of their property and haven't thought about how to attract and keep good tenants. (They should have insurance to cover them for damage to the house - I bet they've cut corners and have under-insured themselves.)

I'd do what you need to do to get out of the lease without damaging your credit history. Negotiate, if need be offer them so money to withdraw from the lease. Whatever you do, don't move in. When you do reach agreement then make sure it's in writing. (You're making a contract to end a previous contract so evidence is a very good idea)

It is a good idea to get specific advice on your situation from someone who knows Alberta law. A tenancy advocate group is a good start, lawyers are expensive (and probably unnecessary), there may also be a free programme at a local law school. The point is to work out exactly what your negotiating position is.

Lastly, take a good look at the rental market. If there are lots of unfilled properties then your negotiating position is much stronger. However, these sounds like novice landlords who aren't smart enough to realise when they have a bad hand. If you skip out they'll probably get angry and take you to court anyway.

Talk to them, negotiate out, leave on professional terms.

Almost Canadian

Really, what is this then?: http://www.canlii.org/en/ab/laws/sta...-c-r-17.1.html

I am curious that no-one has stated anything about the OP's liability to pay rent for the duration of the lease.