Breaking my lease with 1 month left - can they really do anything?

[sandie]

So I'm going to move downtown and I need to break my lease with one month left. I can easily give 60 days notice of this since its not till April. I'm just worried if they can go after me and ruin my credit or anything. I failed to submit a payment on time once and they just sent me an eviction notice without indicating that they're going after me for the remainder of the term. Do you think they'll go after me for one month's rent?? I pay $950.

Thanks

p.s. anyone wanna sublet for one month at Keele/Finch?

[FastFokker]

I would suspect they will want their money.

You have no payment already towards last months rent? Or a security deposit?

[Twitch1977]

Why wouldn't they go after you? You're breaking a contract you have with them.

T

[Supershyguy]

Yes they will go after you. and its going to be more then the $950 if you try to run.

I would just do the right thing and pay it

[FastFokker]

Contact them, tell them your situation. If they have any compassion for you and your situation perhaps you can negotiate a deal.

Maybe they will only charge you 1/2 price on that last month you are gone on the condition that they can rent the unit out starting that month.

Running will not work, they will come after you.

[airodus]

Yup, been there, done that. You HAVE to talk to them.

[sportsfan99]

So I'm going to move downtown and I need to break my lease with one month left. I can easily give 60 days notice of this since its not till April. I'm just worried if they can go after me and ruin my credit or anything. I failed to submit a payment on time once and they just sent me an eviction notice without indicating that they're going after me for the remainder of the term. Do you think they'll go after me for one month's rent?? I pay $950.

Thanks

p.s. anyone wanna sublet for one month at Keele/Finch?

The can sue you.

[Shifty]

First off, is this a professional landlord (ie. whole building), or some guy renting out his investment or basement? The latter will be much less likely to pursue the matter for one measly months rent, the former is already likely well aquainted with the courts, and possibly already retaining a lawyer for tenant matters.

Definitely speak to them first, though, explain the situation. Then pay up, or take your chances. I think worst case scenario if you didn't pay, the landlord would file a statement of claim in small claims (amount is too small to justify higher courts), you'd get served, and you could pay up then (plus the small filing fee).

[CodecX81]

So I'm going to move downtown and I need to break my lease with one month left. I can easily give 60 days notice of this since its not till April. I'm just worried if they can go after me and ruin my credit or anything. I failed to submit a payment on time once and they just sent me an eviction notice without indicating that they're going after me for the remainder of the term. Do you think they'll go after me for one month's rent?? I pay $950.

Thanks

p.s. anyone wanna sublet for one month at Keele/Finch?

If you paid first/last months rent, then you might just lose ur last mos deposit...and therefore be in the clear.

Hard to say. The best line of defense is talking to them as much as possible on the issue. Ignoring it could make them think you are trying to pull a fast one.

950 for keele/finch?
I live like 3 blocks south and pay 850 :p

[FastFokker]

First off, is this a professional landlord (ie. whole building), or some guy renting out his investment or basement? The latter will be much less likely to pursue the matter for one measly months rent, the former is already likely well aquainted with the courts, and possibly already retaining a lawyer for tenant matters.
I've had a guy who was just renting out a home come after me for rent. I had problems with the other roommates and decided it was safer to just leave. Couple years later I apply for a line of credit and discover there are collections on my credit. Landlord had went to a collection agency and they wanted the 2months rent in full.

Rather than trying to fight the issue I elected to just pay it off, but it was a real pain and a real surprise. I learned my lesson.

[Shifty]

Fastfokker - that's probably the exception more than the rule, but true, it definitely could happen. How did he manage to register a claim on your credit without first getting a judgement in court on it, and therefore serving you papers beforehand?

[FastFokker]

Fastfokker - that's probably the exception more than the rule, but true, it definitely could happen. How did he manage to register a claim on your credit without first getting a judgement in court on it, and therefore serving you papers beforehand?
Well considering they're all individuals I'm not sure how one would calculate what is the rule. But as you mentioned it definitely could happen, and it does.

Not sure how he managed to do anything, I moved without giving him any notice or contacting him whatsoever. Further moving to 2 new cities before discovering the collections.

I don't think they need to get a judgement in court, except for garnishing wages, taking savings. I was never served any papers before discovering the collections, I decided to not pay the item off immediately and shortly after discovering the collections was mailed a letter from the collections agency. Few months later when I really wanted the Line of Credit, I choose to just pay the item off rather than disputing. Upon paying it off and showing proof of payment to the bank, they were able to issue the credit.

It was just a surprise to get hit for $600 years after completely forgetting of the situation and packing it up into history.

[Supershyguy]

First off, is this a professional landlord (ie. whole building), or some guy renting out his investment or basement? The latter will be much less likely to pursue the matter for one measly months rent, the former is already likely well aquainted with the courts, and possibly already retaining a lawyer for tenant matters.

Definitely speak to them first, though, explain the situation. Then pay up, or take your chances. I think worst case scenario if you didn't pay, the landlord would file a statement of claim in small claims (amount is too small to justify higher courts), you'd get served, and you could pay up then (plus the small filing fee).


Dont take your chances man, it wont be only $950 when they have to chase you down man.

[sandie]

Thanks for the tips so far.

And yes, I know I'm breaking a contract with them - that's why I'm asking for advice.

Obviously they can sue me. But the question is will they sue me? If they normally don't then I'm in the clear. It's a cost benefit analysis for them. Hire lawyer, pay fees, file claims vs. odds of actually getting the money from me. If the fee they incur to get my $950 is greater than $950, and the odds are low that they will get anything out of me, then they won't do it. So that was really my question - whether they will or not.

And I'm renting from the "big guys". I think they're called ResREIT. So they might do it all the time...no clue.

I really don't like the collection agency story. lol. So that has me a bit scared. I'm going to talk to some lawyers that I know though and see what they say.

Feel free to keep giving advice.

Also, $950 for 2 bedrooms. ;-)

[sportsfan99]

Thanks for the tips so far.

And yes, I know I'm breaking a contract with them - that's why I'm asking for advice.

Obviously they can sue me. But the question is will they sue me? If they normally don't then I'm in the clear. It's a cost benefit analysis for them. Hire lawyer, pay fees, file claims vs. odds of actually getting the money from me. If the fee they incur to get my $950 is greater than $950, and the odds are low that they will get anything out of me, then they won't do it. So that was really my question - whether they will or not.

And I'm renting from the "big guys". I think they're called ResREIT. So they might do it all the time...no clue.

I really don't like the collection agency story. lol. So that has me a bit scared. I'm going to talk to some lawyers that I know though and see what they say.

Feel free to keep giving advice.

Also, $950 for 2 bedrooms. ;-)

If you don't pay up they will go after you for alot more.

[yayawhoo2003]

If they take you to court and win you have to pay the unowed rent plus any court/law fees!! So pay or your gonna end up paying double its not worth it. Happened to my cousin a few years ago, he paid something like triple the amount after covering lawyer fees etc.

[FastFokker]

Take a look at your rental agreement... you will see what you are up against.

Even if they couldn't get the money from you, they would attempt on a matter of principle and write the costs off.

BUT, I think a company like ResREIT will not let you get away easily, they are experts on dealing with people who just bail, this is your first time. Consider that as well.

Personally I would work to negotiate a fair settlement on the months rent, or just find someone who will live there for the month and pay some if not all of the rent, (beware you will be responsible for any damages or problems).

In my opinion it's just easier to pay what they want and sign off on the contract. See if you can take possession of your new residence 1 month later instead.

[Shifty]

If they take you to court and win you have to pay the unowed rent plus any court/law fees!! So pay or your gonna end up paying double its not worth it. Happened to my cousin a few years ago, he paid something like triple the amount after covering lawyer fees etc.

This would only be a small claims court issue, and therefore the fee structure that court uses would mean that the legal costs to pay if you lost would be very minimal.

ResREIT is a real estate trust, they are likely very organized, and well used to taking action.

[sportsfan99]

This would only be a small claims court issue, and therefore the fee structure that court uses would mean that the legal costs to pay if you lost would be very minimal.

ResREIT is a real estate trust, they are likely very organized, and well used to taking action.

It would not be minimal.Court cost can be up to $500.Plus interest so he owuld be looking at close to double.

[LoookingForDeals]

They will go after you for the money because its owed to them and you are breaking a contract. Same as if you were owed money from them contractually.

In the end you will have to pay whats owed plus whatever fees was charged from the Tribunal to get the court date etc. Approximately $250 +/- $50. If you don't show up in court it will go on your credit history for 7 years which is a pain. Then they will probably not go after you but having that on your credit for 7 years means it will pop up for mortgage, car, loans, credicard applications, etc. They won't sue because the normal method of filing will do them just fine.

[Daemar]

Your lease agreement should detail termination.
If it says 60 days notice, then you're good.

If not, then you'll have to communicate to them that you would like to break the lease without penalty. They then have 60 days to find a new tenant.

If they refuse, then just pay the $950 and sublet it out to someone for the month, lol.

[sandie]

Thanks.

I have a question re: going to court --> can't I argue that they have a duty to mitigate?

I know for big contracts (i.e. selling houses) the non-breaching party has a duty to mitigate. so if i give them 60 days to find someone new and they sit on their butts then i can't be at fault - no? and is the onus on them to prove that they tried to mitigate?

[corrupt123]

thousand bucks for a month eh?

hmmmmm......

you gonna take a security deposite?

[hype12]

this may heelp

link (http://www.e-laws.gov.on.ca/DBLaws/Statutes/English/97t24_e.htm#BK54)

hope it helps

[aquariaguy]

Well i have an international friend from the South, and what he did was sign a 1yr-contract. However, obviously we won't be at school in the summer, so he left. The landlord didn't do anythin. He did pay last month rent at the start of the contract, but the landlord was out of the other 3 months. What happened was the landlord just rented out his place again. If it's a small-time guy, I doubt he'd do anything. Just take off haha.
Oh, and nothing has happened to the guys credit rating or anything.

[sandie]

Thanks to the guy who gave me the Tenant Protection Act

I think I'm good to abandon the unit. Check this out:


Compensation

Arrears of rent

86. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if,
(a) the tenant has not paid rent lawfully required under the tenancy agreement; and
(b) the tenant is in possession of the rental unit.

If I leave it then I'm not in possession and so the second condition of arrears for rent can't be met. Right??? Anyone a landlord/tenant lawyer???

[aquariaguy]

Thanks to the guy who gave me the Tenant Protection Act

I think I'm good to abandon the unit. Check this out:


Compensation

Arrears of rent

86. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if,
(a) the tenant has not paid rent lawfully required under the tenancy agreement; and
(b) the tenant is in possession of the rental unit.

If I leave it then I'm not in possession and so the second condition of arrears for rent can't be met. Right??? Anyone a landlord/tenant lawyer???


Do you go to YORK or UT? Maybe you can check out the ombudsperson. They would tell you what could happen. The one at UWaterloo is awesome.

[sandie]

Ya I'm at York. I never thought of the ombusdman. I thought they dealt with public bodies. I'll call them. Thanks.

[aquariaguy]

Ya I'm at York. I never thought of the ombusdman. I thought they dealt with public bodies. I'll call them. Thanks.


They deal with anything to do with renting. Well they helped me with everything about my rent and such.

[Evil Baby]

If your name is on the contract for that month that would indicate to me that you are in possession of the unit.

But that's just me, I could be way off on that one

[Shifty]

'It would not be minimal.Court cost can be up to $500.Plus interest so he owuld be looking at close to double.'

No, courts assess legal fees based on a structured formula, and for small claims, it's really quite a small amount. Have you ever actually been to court?

[sportsfan99]

'It would not be minimal.Court cost can be up to $500.Plus interest so he owuld be looking at close to double.'

No, courts assess legal fees based on a structured formula, and for small claims, it's really quite a small amount. Have you ever actually been to court?

Yes i have.

Owed $1200
interest 10%
Court Costs $250

[sandie]

so I might loko at $300 in court fees IF they take me to court?
hmm....maybe I'll wait for the statement of claim then settle? lol

re: possession --> I'm pretty sure if I give them the key back that means I gav epossession back to them.

re: security --> the deposit i use will be for my last month so I won't actually lose it

New Question: If I tender my notice and they then send me an eviction notice because I don't pay rent - doesn't that mean they've accepted my notice that the contract is at an end?

If they don't evict me, then the contract is still good. I can still stay. but if they evict me, then they're terminating the contract, no?

[FastFokker]

Compensation

Arrears of rent

86. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if,
(a) the tenant has not paid rent lawfully required under the tenancy agreement; and
(b) the tenant is in possession of the rental unit.

If I leave it then I'm not in possession and so the second condition of arrears for rent can't be met. Right??? Anyone a landlord/tenant lawyer???
Well this is nitpicking over wording, which a judge probably won't be happy to do.

But since you've contractually agreed to have the property for 12months, and you leave at the end of the 11th month, the first day of the 12month, the property is still in YOUR possession. Therefore you will owe rent for the unit during that month.

Therefore you woudl have broken both 86.1.A and 86.1.B.

Just because you leave, does not make it instantly no longer in your possession. I believe there are specific timelines which state that if a unit is abandoned for a certain length of time, then it and all contents go into the possession of the landlord, but that's another deal which doesn't relate to your situation.