What is the normal penalty for breaking a rental lease?
#1
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Joined: May 2012
Posts: 12
What is the normal penalty for breaking a rental lease?
I will be renting when landing to get to know the different areas first instead of buying. I will also be unemployed, and the location of my job would also be a factor when buying.
Once I have a job, I will be in a position to buy, as a I have more than enough for a deposit. I would not want to lose out on that perfect house because I am tied to a lease. Most leases are 12 months.
What is the normal penalty for breaking a rental lease? Can this be negotiated upfront with the landlord? Let's say 3 months rent.
Are some landlords willing to reduce the lease length for a higher rent?
Are landlords going to run away when you start talking about this? I would want to be upfront and honest with them.
Any landlords or former landlords out there? What would you be happy with?
Once I have a job, I will be in a position to buy, as a I have more than enough for a deposit. I would not want to lose out on that perfect house because I am tied to a lease. Most leases are 12 months.
What is the normal penalty for breaking a rental lease? Can this be negotiated upfront with the landlord? Let's say 3 months rent.
Are some landlords willing to reduce the lease length for a higher rent?
Are landlords going to run away when you start talking about this? I would want to be upfront and honest with them.
Any landlords or former landlords out there? What would you be happy with?
#2
Forum Regular
Joined: Jan 2012
Posts: 55
Re: What is the normal penalty for breaking a rental lease?
ive just got a lease for 6 months with 1/2 month rent as a deposit they are negotiable
#3
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Re: What is the normal penalty for breaking a rental lease?
I have had month to month, 6 month and well as 12 month. But it is possible to find something that is not 12 months.
As for what happens if you break a lease that could vary by province.
This pertains to BC.
"Legally, you could be responsible for all advertising
costs and all lost rent revenue for the balance of the lease period if the landlord is not able to find another tenant to move in. You could also be on the hook for advertising costs incurred by the landlord until the rental unit is re-rented.
The first thing you should do is look at your lease agreement. You probably have a ‘liquidated damages’ clause in your lease which usually means you forfeit your security deposit or some other amount if you break the lease."
http://www.tenants.bc.ca/ckfinder/us...ease%20Q&A.pdf
As for what happens if you break a lease that could vary by province.
This pertains to BC.
"Legally, you could be responsible for all advertising
costs and all lost rent revenue for the balance of the lease period if the landlord is not able to find another tenant to move in. You could also be on the hook for advertising costs incurred by the landlord until the rental unit is re-rented.
The first thing you should do is look at your lease agreement. You probably have a ‘liquidated damages’ clause in your lease which usually means you forfeit your security deposit or some other amount if you break the lease."
http://www.tenants.bc.ca/ckfinder/us...ease%20Q&A.pdf
Last edited by scrubbedexpat091; Jun 27th 2012 at 9:00 am.
#4
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Joined: Feb 2007
Posts: 2,710
Re: What is the normal penalty for breaking a rental lease?
Penalties can be quite high. We did negotiate break clauses in our leases, but they only covered a couple of situtations. Our first lease had an automatic break clause and then re renogotaited it for other properties
#5
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Joined: Jun 2008
Location: Nova Scotia
Posts: 188
Re: What is the normal penalty for breaking a rental lease?
I hope it's not the death one.
#6
Joined: Sep 2008
Posts: 12,830
Re: What is the normal penalty for breaking a rental lease?
I will be renting when landing to get to know the different areas first instead of buying. I will also be unemployed, and the location of my job would also be a factor when buying.
Once I have a job, I will be in a position to buy, as a I have more than enough for a deposit. I would not want to lose out on that perfect house because I am tied to a lease. Most leases are 12 months.
What is the normal penalty for breaking a rental lease? Can this be negotiated upfront with the landlord? Let's say 3 months rent.
Are some landlords willing to reduce the lease length for a higher rent?
Are landlords going to run away when you start talking about this? I would want to be upfront and honest with them.
Any landlords or former landlords out there? What would you be happy with?
Once I have a job, I will be in a position to buy, as a I have more than enough for a deposit. I would not want to lose out on that perfect house because I am tied to a lease. Most leases are 12 months.
What is the normal penalty for breaking a rental lease? Can this be negotiated upfront with the landlord? Let's say 3 months rent.
Are some landlords willing to reduce the lease length for a higher rent?
Are landlords going to run away when you start talking about this? I would want to be upfront and honest with them.
Any landlords or former landlords out there? What would you be happy with?
There is a point to a lease, which is a legal agreement. Enter into a lease with the same expectation you would any other legal agreement. It is a contract and a tenant is legally bound by the terms of that contract as is the landlord. I feel sure if you took on a 12 month lease and the landlord told you they wanted you out after 3 months you would not be too happy and seek redress.
Some landlords may be more flexible, many won't be, especially if it is a desirable property. Be upfront with the landlord and try to get a month by month agreement, which requires 30 days notice. However any short term agreement works both ways.
#7
slanderer of the innocent
Joined: Dec 2008
Location: Vancouver, BC
Posts: 6,695
Re: What is the normal penalty for breaking a rental lease?
I agree with the Aviator.
Some landlords want month to month leases: maybe focus your search on one of those.
Some landlords want month to month leases: maybe focus your search on one of those.
#8
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Joined: Apr 2006
Posts: 829
Re: What is the normal penalty for breaking a rental lease?
In my province it is not uncommon for people to advertise in the classified for someone to take over the remainder of the lease (With the landlords agreement) other sublet (again with the landlords permission).
As has been said it is possible to find something for for less than twelve months and if is someone who is subletting to get out of their lease it may even be cheaper.
Many people buy houses and then end let them out for a few months whilst they wait for their lease to end.
Being unemployed will limit your choices. When I was coming over I asked a realtor to help me find something but my lack of a job at the time meant that many of the more desirable rentals fell through. I did find a few who did not care about my lack of a job, all they said was "show me the money".
In the end I found someone who took 3 month rent as a deposit which was applied to the end of the lease (In Quebec deposits are illegal, though many landlords ignore this).
I did buy a house before my lease ended. My landlord did try to find someone to take it over but failed, so in the end I had to pay for two properties for a period of time.
As has been said it is possible to find something for for less than twelve months and if is someone who is subletting to get out of their lease it may even be cheaper.
Many people buy houses and then end let them out for a few months whilst they wait for their lease to end.
Being unemployed will limit your choices. When I was coming over I asked a realtor to help me find something but my lack of a job at the time meant that many of the more desirable rentals fell through. I did find a few who did not care about my lack of a job, all they said was "show me the money".
In the end I found someone who took 3 month rent as a deposit which was applied to the end of the lease (In Quebec deposits are illegal, though many landlords ignore this).
I did buy a house before my lease ended. My landlord did try to find someone to take it over but failed, so in the end I had to pay for two properties for a period of time.
#9
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Joined: Jan 2011
Location: Vancouver, BC
Posts: 161
Re: What is the normal penalty for breaking a rental lease?
I think in BC the standard lease contains a provision that the landlord can't deny any "reasonable" request to sublet. Especially if you offer to do all the work with posting ads, viewings, etc...
#10
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Joined: Sep 2010
Location: Maryland (via Belfast, Manchester, Toronto and London)
Posts: 4,802
Re: What is the normal penalty for breaking a rental lease?
Where are you going? I lived in short-term, furnished rentals (month to month) every time I moved. Twice in Toronto, once in Vancouver, once in the Washington DC area. That gave me time to explore and find something more permanent.
#11
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Joined: May 2012
Posts: 12
Re: What is the normal penalty for breaking a rental lease?
Thanks for all your replies. I will see if I can get a shorter term lease or the option of subletting if the landlord agrees. Short term furnished will not be a good option, as I am shipping my furniture. I will be moving to Mississauga.
#12
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Re: What is the normal penalty for breaking a rental lease?
#14
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Re: What is the normal penalty for breaking a rental lease?
And taking someone to court/tribunal is cheaper than advertising for new tenants? Or even worth the time/effort?
RTA's are notoriously favoured towards the tenant in most Provinces. At best, a tribunal will make the tenant responsible for the rent whilst the house is empty, but the landlord would have to show he'd made pretty strong atttempts to find a new tenant before they got any sympathy.
If the house is left empty for a couple of months or more, with no interest, it might be worth pursuing. Otherwise, you're better off cutting your losses IMO.
RTA's are notoriously favoured towards the tenant in most Provinces. At best, a tribunal will make the tenant responsible for the rent whilst the house is empty, but the landlord would have to show he'd made pretty strong atttempts to find a new tenant before they got any sympathy.
If the house is left empty for a couple of months or more, with no interest, it might be worth pursuing. Otherwise, you're better off cutting your losses IMO.