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Question about ending a lease early/finding a girl to take it over (westdale)

 
Old 09-21-2011 at 08:36 AM   #1
minig12
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Question about ending a lease early/finding a girl to take it over (westdale)
Has anyone ever had to do this? Did you lose all your money? Would it make a difference if you had someone take over the lease for you?

I'm asking here first before I confront my landlord... I want some opinions/advice/see if there are people interested in taking over the lease first. Due to a certain situation/money issues, I feel I would be better commuting for second semester and save myself a TON of money. I'm currently on an 8 month lease, and the landlord has post dated cheques for up to April. I want to end in December. However, if the landlord does not give me my cheques back for the remaining 4 months, then I can't do this. But I don't know how all this works as this is my first time renting.

Are there people out there still looking for a place to rent from January-April? I believe the rent is $420/month, utilities all incl. (internet & cable too). Girls only. Good size bedroom, and sharing bathroom/kitchen with 3 other girls (have not run into any problems with them). Landlord also lives on the premises. Completely quiet house - perfect for those that are just focused on their studies and do not want to listen to roommates partying and what not. It's in Westdale village, right near the corner of King St. and Cline Ave. 10 minute walk to the school (MDCL). No parking available, though. Close to Metro grocery store and everything else in Westdale.

If you think you might be interested, email me at [email protected] and I can send you a picture of the room.

If you have any advice, just post it here.

Thanks guys!
Old 09-21-2011 at 08:47 AM   #2
RobbyJ
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If you find someone to take over the lease, I don't think there would be a problem, but it may depend on your landlord. When I signed my lease last year my Landlord said that if I wanted out I would have to find someone to take over the lease or else i still owed the money. You should just ask your landlord if thats an viable option it couldn't hurt.

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Old 09-21-2011 at 08:52 AM   #3
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Just cancel those cheques for the second semester and move out. They can't really legally come after you, and even if they try - it's totally not worth it.

Student housing contracts are pretty weak.
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Old 09-21-2011 at 09:37 AM   #4
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Thanks for the responses. So just read this on my lease:

"Termination of the contract for any reason will result in forfeiture of all or part of your resident deposit, depending upon the date that the termination is received"

At the beginning when I signed up for the lease I had to put a $200 deposit down in case there was any damage etc. So does that mean that I just lose that $200?
Old 09-21-2011 at 10:08 AM   #5
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Yeah, that 200 bucks would be what you lose then.
Old 09-21-2011 at 11:50 AM   #6
eccentrikkk
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There's a Landlord Tenant Board you can call and they will advise you of all your rights as a renter.

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Old 09-21-2011 at 12:43 PM   #7
lawleypop
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Quote:
Originally Posted by minig12 View Post
Thanks for the responses. So just read this on my lease:

"Termination of the contract for any reason will result in forfeiture of all or part of your resident deposit, depending upon the date that the termination is received"

At the beginning when I signed up for the lease I had to put a $200 deposit down in case there was any damage etc. So does that mean that I just lose that $200?
Keep in mind that provincial/municipal/federal/etc laws override whatever your landlord thinks he can get away with.

I'm not saying that he's not legally entitled to that, but you'd better double check before you move out, he cashes that illegally, and then you have to wait x number of days for your claim to process and etc.

If it's a rent deposit:

Can a landlord charge a person a deposit or a fee to rent a unit?


Yes, a landlord can collect a rent deposit if it is requested on or before the day that the landlord and tenant enter into the tenancy agreement. The rent deposit cannot be more than one month's rent or the rent for one rental period, whichever is less. For example, if rent payments are made weekly, the deposit cannot be more than one week’s rent; if rent payments are made monthly or bi-monthly, the deposit cannot be more than one month’s rent.
The rent deposit must be used for the rent for the last month before the tenancy ends. It cannot be used for anything else, such as to pay for damages.



Call the LTB (Landlord and Tenant Board) and ask if there's something you can do... I'm under the impression that as long as you give 60 days, you're allowed to move out.
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Old 09-21-2011 at 01:08 PM   #8
bebit
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Cant You Bounce Post Dated Cheques?????

Last edited by bebit : 09-21-2011 at 01:16 PM.
Old 09-21-2011 at 01:18 PM   #9
minig12
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Thank you - I'll definitely be giving the landlord and tenant board a call.
Old 09-21-2011 at 01:20 PM   #10
Ashlie
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I have a few friends returning from co-op terms who will be looking for a place for Jan-April. I will pass on this thread to them! You might just be able to sublet your spot instead of complicating things by backing out of your lease
Old 09-21-2011 at 02:10 PM   #11
minig12
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Quote:
Originally Posted by Ashlie View Post
I have a few friends returning from co-op terms who will be looking for a place for Jan-April. I will pass on this thread to them! You might just be able to sublet your spot instead of complicating things by backing out of your lease
Thank you! I just got an email from someone coming back on co-op, so I'm going to assume it's one of the ones you know! Hopefully the landlord will agree to that. I don't see why not, as they will still be making money...

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Old 09-21-2011 at 04:04 PM   #12
nerual
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Quote:
Originally Posted by minig12 View Post
Has anyone ever had to do this? Did you lose all your money? Would it make a difference if you had someone take over the lease for you?

I'm asking here first before I confront my landlord... I want some opinions/advice/see if there are people interested in taking over the lease first. Due to a certain situation/money issues, I feel I would be better commuting for second semester and save myself a TON of money. I'm currently on an 8 month lease, and the landlord has post dated cheques for up to April. I want to end in December. However, if the landlord does not give me my cheques back for the remaining 4 months, then I can't do this. But I don't know how all this works as this is my first time renting.

Are there people out there still looking for a place to rent from January-April? I believe the rent is $420/month, utilities all incl. (internet & cable too). Girls only. Good size bedroom, and sharing bathroom/kitchen with 3 other girls (have not run into any problems with them). Landlord also lives on the premises. Completely quiet house - perfect for those that are just focused on their studies and do not want to listen to roommates partying and what not. It's in Westdale village, right near the corner of King St. and Cline Ave. 10 minute walk to the school (MDCL). No parking available, though. Close to Metro grocery store and everything else in Westdale.

If you think you might be interested, email me at [email protected] and I can send you a picture of the room.

If you have any advice, just post it here.

Thanks guys!
A landlord is only allowed to refuse to let you to sublet if there's a good reason (although you do need to notify them in advance). So, if you find someone to sublet, most likely they'd write you cheques and your landlord would continue to cash yours. There's a difference between subletting and actually having someone take over the lease for you--if you talk to the off-campus housing office they should be able to explain that to you.

If you can't find a sublet, talk to your landlord...it's up to him/her whether or not to not cash the cheques--although even if you hadn't given post-dated cheques, you would still be responsible for paying the last four months regardless of whether or not you want to live there. There are certain processes that you can go through if you want to end a lease early and the landlord doesn't agree--again, the off-campus office can advise you of your best course of action.



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