We are currently missing and are looking for a new tenant for our house of five. However we've already paid first and last month as well as given post-dated cheques that cover the cost of the non-existent tenant.
I don't see anything on the lease agreement that says that we are responsible for paying for this room that no one is living in.
Does the LL have the right to do this and not refund us?

Originally Posted by lux

We are currently missing and are looking for a new tenant for our house of five. However we've already paid first and last month as well as given post-dated cheques that cover the cost of the non-existent tenant.
I don't see anything on the lease agreement that says that we are responsible for paying for this room that no one is living in.
Does the LL have the right to do this and not refund us?

The lease should have the rent amount on it. Whatever it says is what you have to pay. Usually the landlord will put the total rent amount of the house on the lease in which case you are responsible to pay that amount. If you are renting a room and it says you only have to pay that amount then that's what you have to pay.

For example if the lease says the rent is 2500$ and the four of you signed that one lease that means the four of you have to pay 2500$ even if the four of you have decided among yourselves to split up the cost 500$ per room. But if the lease says rent is 500$ and each of you have signed a different lease then the four of your are only required to pay 500$.

If no amount is on the lease for whatever reason then I have no idea and you should contact OCRC. If they've never dealt with this before or if it requires a lawyer then they'll refer you to one where you can talk to one free of charge.

http://macoffcampus.mcmaster .ca/index.php

Thanks for the help,

Originally Posted by lux

We are currently missing and are looking for a new tenant for our house of five. However we've already paid first and last month as well as given post-dated cheques that cover the cost of the non-existent tenant.
I don't see anything on the lease agreement that says that we are responsible for paying for this room that no one is living in.
Does the LL have the right to do this and not refund us?

Is there a fifth person who signed the lease and dropped out? If so, it's still their responsibility to pay. But yes, as Jeremy said, if they don't, or if any of you can't for some reason pay during the year, it's the responsibility of the remaining people on the lease to pay. That's the difference between group leases and individual leases--if it's an individual lease, it doesn't matter if anyone else drops out or doesn't pay or whatever, as long as you pay your amount, you're good. In a group lease--which as Jeremy said usually has all of your names on it plus a monthly amount in the thousands--then everyone is responsible for making sure that total amount is paid, and if someone doesn't/can't pay, the rest of you are legally responsible for doing so.

I suggest you find someone to take over the room, if it is a group lease. I had this problem before, and we had to cover the extra room for the summer months (we had the person drop out right at the lease signing meeting).

yea, unfortunately we're going to have to pay for the summer months. With the influx of people wanting to rent in September, i'm sure it won't be a problem when the summer ends. Thanks.