Hi

I'm trying to work out if we commit to a 6/12 month contract renting an apartment in downtown Calgary whether it is possible to breach a contract say if we wanted to move somewhere else during that time frame and what the penalties would be if we did that ie. loosing the security deposit ? Does it depend on the contract or are there specific laws governing tenants with regard to this ?

Many thanks for any replies.

http://www.google.ca/search?q=Landlo...ient=firefox-a

Sections 26 to 42 (particularly s. 27) of this is what you need to know: http://www.canlii.org/en/ab/laws/sta...-c-r-17.1.html

I appreciate that the landlord will be under a duty to mitigate (by finding an alternative tenant). Losing the security deposit should only occur if you damage the property. However, lots of landlords see a security deposit as extra rent. You will have redress against them if they do this.

I am just off to Court to obtain rent for the entire contract for someone in your position. I will let you know how I get on (I am acting for the landlord)

Hey. Thanks guys. I did use Google for the search Steve but was not using the Canadian search engine. That would have got me there! My brain is obviously not engaged today.

Yeah please let me know how you get on Almost Canadian. Wow. Thanks for the link. That's a minefield of laws.

Good to know the security deposit is not lost. From what I can see it's just 1 months notice in writing in order to leave.

Thanks again

We got judgment for the rent for the entire duration of the lease.

You need to determine whether it is a fixed term tenancy (which then reverts to a month to month periodic) or whether it is a month to month right off the bat. The remedies for each will be different.

Best of luck

When we moved to calgary we entered into a one year lease and ended up buying property and leaving after 5 months. They let us break our lease as they had a waiting list for the apartment block so could get someone in right away, they said we would have to pay for our underground parking as that was only free when you stayed for the year, but in the end they didnt charge us for it so it worked out for us.

But as its been said before be careful what you lock into, maybe looking at a month to month lease would be easier then you only have to give 30 days notice and can leave!

WE have seen a few differnt contracts that stipulate what will go on in event of the break of a lease. WE didn't like one, which was liability for entire term + bills for entire term + maintenance upkeep.

WE didn't sign.

We have lived in 3 rentals and 3 have had simialr 'break clauses' , which have been two months rent for breach.