Posted by Just a Tenant on 1/19/2011, 1:14:53, in reply to "Re: Lease Obligations Kmilburn pls help"
There are so many different complicated issues going on here ….. I’m going to try and tackle this one …. in two posts because it is too long.
Firstly, it is true you cannot sign a lease for 12 months and then tell the landlord you are leaving after 3 months because you are contractually on the hook for the rest of the year. This is correct, but the landlord would have to take you to Small Claims Court NOT The Landlord and Tenant Board to collect any financial losses for the other 9 months of the lease you did not pay and most landlords can’t be bothered to do this. To minimize your financial obligations under the lease, you should find someone else to take over the lease on your unit. A small claims court can order that you pay the financial losses of the landlord as a result of you not obligating a one-year lease.
If you CANNOT afford to pay the rent and you fall into rent arrears, a landlord will serve you with an N4 Form of the LTB that in essence is a warning to you to pay-up the arrears by a certain date or vacate the unit voluntarily. If you fail to do one or the other the landlord has the right to file an application at the LTB for non-payment of rent and seek an Eviction Order forcing you to vacate.
Because an Eviction Order of the LTB TERMINATES a tenancy the LTB will not order a tenant to pay additional money to a landlord for rent from the date they vacate the unit until the end of the term of the lease. Once a tenancy is terminated by the LTB for Non-Payment of rent, a Small Claims Court will also not order a tenant to pay this compensation to a landlord because the tenancy was TERMINATED.
Victoria is advising that you that if you choose to vacate the unit voluntarily after getting the N4 notice from your landlord, to get the N11 form AGREEMENT TO TERMINATE THE TENANCY signed so that you can prove in the future that the landlord agreed to terminate the tenancy (lease) and you are not on the hook in Small Claims Court for the remainder of the lease (although I fail to see how a court would hold you liable if the landlord kicked you out).
Continued in next post .............
--Previous Message--
: Order of Eviction of the LTB usually states
: "The tenancy is terminated". To
: gain full advice with regards to this issue
: visit one of the Regional Offices of the
: Landlord and Tenant Board and sign up to
: speak to Tenant Duty Council. They are
: lawyers who can view your documents and
: provide definitive advice. Their offices
: normally close around 3 p.m. and may close
: for lunch. They also will see tenants who
: have hearings schedule that day before
: seeing you, so arrive early and take a book
: to read while you wait.
:
: --Previous Message--
: I have no idea who added their post at the
: bottom of my post but that was even more
: confusing.
:
: The main confusion is you KMILBURN say
: "If there is a lease in effect the
: landlord can also file for the arrears that
: accumulate after the tenant moves out and
: before the next tenant moves in up to the
: end of the lease period. You cannot simply
: get out of a 12 month lease by not paying
: the rent and being evicted. " which is
: what i've been hearing.
:
: Meanwhile
: "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."
: You are saying i will be responsible for
: till the end of the lease ( i assume the
: landlord will try to rent out and if they
: can rent out earlier thats the date they can
: go after me for until). Then after the lease
: it will only be the 60 days notice i will
: owe.
: Meanwhile someone adding their post on to
: mine and vic natalia says NO! the day i
: leave is the day i stop paying.
: These 2 statements contradict each other!!!
: or am i wrong? is someone misunderstanding
: my situation? Doesn't one of these
: statements have to be wrong if they
: contradict one another??? How is this
: possible? I wish there was some continuity
: for me and the many tenants reading who have
: probably experinced this situation.
:
: --Previous Message--
: The typical result of an N4 is that the
: landlord seeks to terminate the tenancy (and
: evict) effective not earlier than the
: termination date set out in the Notice of
: termination (S 80(1)) and seeks payment of
: rent arrears , NSF cheque charges, daily
: compensation for use of the unit after the
: termination date and costs less the deposit
: and interest on that deposit .
:
: If there is a lease in effect the landlord
: can also file for the arrears that
: accumulate after the tenant moves out and
: before the next tenant moves in up to the
: end of the lease period. You cannot simply
: get out of a 12 month lease by not paying
: the rent and being evicted.
:
: If you are evicted after your initial lease
: has run its course, you then become a month
: to month tenant. Subject to the 60 days
: notice required to move out. Again if you
: move out and do not give 60 days notice the
: landlord can file for those 60 days rent at
: the LTB.
:
: Hopefully this clears up any confusion?
:
: --Previous Message--
: 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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