Rented Apartment - Advise Required

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Member since: Mar 04
Posts: 46
Location: Toronto

Post ID: #PID Posted on: 12-06-04 23:47:33

I need some urgent advise on the issue given below. I moved to an apartment in Scarborough in May 2002 on a one year lease paid the first and last month rent as advance. I signed a further set of papers in May 2003 for one more year. Earlier this year I signed one more set of papers for one more year beginning May 2004. A friend of mine had told me that only the first year the landlord insists on the renter staying a full one year and after that goes month to month. So keeping that in mind when I took up a job and moved to London, Ontario ten days ago. Before I left I sent a form giving the requisite notice of 60 days I paid the rent for June 2004 and the last month deposit was to be adjusted for July 2004. Now I have received a letter from the property manager saying that I am responsible for the rent till April 2005. I cannot afford to pay rent at two places. I have given the requsite two months notice as well as paid the two months rent. Please advise on this matter.

amit kalia   
Member since: Nov 03
Posts: 434
Location: Mississauga

Post ID: #PID Posted on: 13-06-04 08:10:47

A "fixed term" rental agreement is where the tenant agrees to occupy and pay rent for the rental unit for a specific minimum period of time – one year for example. It seems that you are under a fixed term tenancy contract.

A ‘periodic’ rental agreement is different than a fixed term agreement. The date for ending the agreement is not pre-set. In a periodic agreement, the word "period" means the length of time between each rent payment.

The word "lease" is often used to describe a fixed term rental agreement. However, a landlord and tenant can have a lease for a periodic rental agreement.

In most cases, a tenant with a fixed-term rental agreement cannot terminate the agreement before it ends simply by giving the landlord notice in advance. A fixed term agreement can only be terminated "early" for any of the following reasons:

1. The landlord agrees to an early termination of the lease

2. A landlord refused to consent to an assignment of the rental unit or failed to reply to a tenant’s request for consent to assign

3. The landlord has given the tenant a Notice to Terminate (effective at the end of the fixed term) because: (a) the landlord wants to use the unit as their own residence or for a member of their immediate family, (b) the landlord has agreed to sell the property and the buyer wants to use the unit as their own residence or for a member of their immediate family, (c)the landlord plans to demolish the rental property, convert it to non-residential use, or do major repairs or renovations which require a building permit and that the unit be vacant while the work is done

4.The tenant applies to the Tribunal for an order terminating the agreement early because the landlord has not complied with obligations which the landlord has under the Act

A tenant has the right to assign his or her rental unit to another person, who then becomes the tenant responsible for paying the rent. However, the landlord can require the current tenant to find a new tenant that is suitable to the landlord under any criteria the landlord normally uses in selecting a tenant. Until a new tenant takes over the tenancy, the current tenant may have to continue paying the rent.

For more information speak to your lawyer or contact the Ontario Rental Housing Tribunal (ORHT )

Amit Kalia, Broker, REALTOR®
RE/MAX Real Estate Centre., Brokerage
independently owned & operated
100 City Centre Dr, Unit 1-702
Mississauga, ON L5B 2C9
Phone No.: 905-339-5111
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Garvo Gujarati   
Member since: Nov 01
Posts: 3115

Post ID: #PID Posted on: 13-06-04 12:17:40

In simple terms, eventhough you singed a contract, once you give 60 days notices, your don't have to pay anything to the landloard.

I think one of the board member, Maharaj, had some fight on this issue with 20 Tuxedo Court Management, he might answer better.

A Proud Indian Canadian

Member since: Apr 04
Posts: 313
Location: 43° 54' N, 78° 6' W

Post ID: #PID Posted on: 13-06-04 12:55:25

You are definitely in a soup, but not to despair! When you got the apartment the first time, you signed a one year lease agreement because that is the condition on which you get the apartment. In subsequent years, the landlord sends you the lease renewal agreement. However, if you read the form carefully, there exists in it the option where you can choose to extend the tenancy agreement on a monthly basis. Even if you do not return the form, the landlord assumes a monthly tenancy and the rental agreement automatically defaults to that. You, like me, perhaps made the mistake of signing on the dotted line without reading the clause properly. They will now try to force you to honor the agreement and hold you liable for payment of rent until the end of the lease term.
However, I fought and came out unscathed, but I have to confess that they had got me real scared for a while.
What did I do? I got hold of the Tenant Protection Act, 1997 and found the following:
Part II
Section 13 :
When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the person entitled to claim the amount has a duty to take reasonable steps to minimize the person’s losses. 1997, c. 24, s. 13.

Read it yourself here:

In your case there has been a breach of tenancy agreement from your side and the person entitled to claim the amount is your property managment company. However, they have a duty to take reasonable steps to minimize their loss, that should include them trying to locate another tenant. They have a duty to advertize the availability of the apartment and only if they can show that they have taken "reasonable steps" but could did not find a tenant, can they force you to continue to pay the rent.
In my case, although my tail was tucked in my butt, I bared my fangs by writing to them, quoting the above clause in a well drafted firmly worded letter, giving the impression as if I had a lawyer advising me, and it worked!! They backed off! Well, I am not guaranteeing that it will work in your case too, but give it a try. Chances are, it will, because it usually does. The courts are usuall sympathetic towards tenants and these proprty management companies know it too.


Member since: Mar 04
Posts: 46
Location: Toronto

Post ID: #PID Posted on: 13-06-04 13:48:57

Thanks so much for all the support and the help extended to me by all the desis. Thanks once more is there any lawyer among the desis whom I can engage on this issue. I would like this to be done professionally.
Thanks again and have a good weekend

Member since: Jan 04
Posts: 97
Location: Leaside, ON

Post ID: #PID Posted on: 13-06-04 20:10:46

I don't get it.

u signed a one year lease, at the end of it, u signed a renewal for a second year. how can u get out of the renewal without penalty (ie. paying for the rest of the lease)?

this is confusing but interesting...

btw, doesn't the "minimize the person's losses" clause apply to the landlord not the renter, ie. minimize the landlord's losses?

if anyone broke their lease in the US, it would get on yr credit report and do major damage. Isn't it the same here?

i am back :)

Member since: Apr 04
Posts: 313
Location: 43° 54' N, 78° 6' W

Post ID: #PID Posted on: 14-06-04 11:10:34

Orginally posted by simplysouth
I would like this to be done professionally.

Paisaa kat rahaa hai kya? Hire me! I will write the letter and if they back off give me C$500 (I guess that is the minimum the lawyer is going to cost). :p


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