Posted by Erin on 12/29/2010, 16:34:42, in reply to "Re: Lease Obligations"
Hi i was doing some looking around on the site and i found this post by vic natola i assume vic is also part of the organization. Is the situation described different then the one i am in??? it seems the same. which response is correct Vic or yours? Can either vic or yourself get the most correct response together?
"Posted by Vic Natola on 7/26/2010, 5:55 pm, in reply to "Re: Notice to Terminate Tenancy Early (Form N5) question. "
Hi A1! The major difference is that the tenant did not choose to leave, the landlord asked them to leave and they consented. For sure, if the tenant chose to leave, they would absolutely be on the hook to either replace themselves in the unit or keep paying rent. But, as the landlord had given them notice, and they consented to leave when the landlord asked them to leave, they do not owe rent past that date.
Essentially you do not pay rent for the time you do not reside in that apartment. In your example in the second part of your question, the tenant would still be required to pay rent for the time they lived there. If they vacated the unit by the deadline set out in the N4, they wouldn't have to pay rent after that."
--Previous Message--
: You can leave any time you like but there are
: consequences to your actions.
:
: If you break your lease you can be held
: responsible. You must give 60 days notice if
: you intend to leave. If you have a newlease
: then you are responsible for the term of the
: lease. For instance if you have 6 months
: still left on your lease and decide for
: whatever reason you need to move, you are
: responsible for the 6 months left on your
: lease. You can try to sublet or your
: landlord can try to get another tenant but
: if all that fails you are responsible for
: the term of the lease.
:
: Once you have been a tenant for a year (or
: whatever the term of the lease is, usually
: it's a year) then you become a month to
: month tenant and have to give 60 days notice
: if you intend to leave. Give 60 days notice
: and you owe the landlord nothing.
:
: The N4 means you have 14 days to correct the
: situation (in this case, to pay the rent).
:
: --Previous Message--
: I didn't pay my rent for Dec. now and the
: landlord served me a N4 does that mean i can
: leave? Does that count as a provision of the
: RTA? or am i still bound by the lease?
: --Previous Message--
: If a tenancy isn't terminated in accordance
: with the provisions of the RTA the tenancy
: continues and all parties may be liable to
: fulfill their obligations under the tenancy
: agreement.
:
: A landlord and a tenant can agree to
: terminate a tenancy agreement. Other than
: that, the only other legal way to terminate
: a tenancy agreement is through an order of
: the Landlord and Tenant board.
:
: --Previous Message--
: I have a landlord that has left the front
: door
: of the building unlocked for a about a week
: then fixed it then it broke again for
: another month. I gave him notice that i was
: moving out because of this. And he said no
: but he would fix the problem because i never
: said anything to him about it, but i told
: the super. 3 days later the lock was fixed
: by a locksmith. This is not my unit door but
: one of the main doors. the landlord breached
: his landlord obligations so i have the right
: to move right? i have already found another
: place to move to as well
:
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