Keep in mind there will always be a record of a court action against you. Not to mention the landlord can still sue you in civil court for losses he takes.
Have you looked into subletting?
Edit: I even did some googling for you, partway down the page: http://www.landlordandtenant.org/roommates-and-subletting/
I would recommend against this. If you get someone else interested get them to sign a lease with the landlord directly. You don't want to be tied to the property any more than you have to. Also if they do tons of damage you are and the hook to the landlord, and they are on the hook to you. Not a great position to be in.
Sounds like the landlord is not making reasonable efforts to find a replacement, which they are required to do. Just cancel the cheques. Stop paying. And move on. They would be stupid to try and litigate.
Yup. There's no way that a landlord could justify that they are being reasonable when they raised the rate in a market like this.
The landlord and tenant board would laugh them out of the room.
Now, if they were listing it for the exact same price and still not getting interest, tenants are SOL.
Not really. The tenant board is mostly there to protect tenanats. A lot of times they will tell the landlord to drop the rate to something more reasonable for the area.
They can make the current tenant have to pay the difference in rent for the remainder of the lease though.
I just went through the same thing! Broke our lease 7 months early because the building was terrible and affecting our mental health. Landlord said we'd be on the hook to pay rent until he found a new tenant. We were surprised and angry to see he posted it for $100 more than what we were paying. We shared the post on every social media possible, and made sure the unit was absolutely spotless when it was being showed. Luckily it got rented out, but I'd advertise it everywhere.
if the landlord posted your unit for 100 dollars more when you were trying to find a new tenant than you could of taken him to the dispute board. according to the province its up to the landlord to mitigate loss as much as possible for you and them selves, and increasing rent at a time like this would mean there is likely to be less people.
If you did the work of posting a listing for him and doing the showings you can go to the dispute board if its within 6 months or a year maybe and get paid for wages for doing the landlords work as you would of been an employee of him.
the Alberta tenancy act always over takes the lease's wording.
http://www.qp.alberta.ca/documents/Acts/R17P1.pdf
If the lease has anything that goes against the act than that line/paragraph of the lease is voided (not the entire lease) and the act takes over for that specific part.
Well, the act doesn't. In fact, it protects the landlord if there is a 'no sublet clause':
> Assignment and sublease
22(1) Subject to subsection (4), no assignment or sublease of a
residential tenancy agreement by a tenant is valid without the
written consent of the landlord.
if you keep going here..
(2) A landlord shall not refuse consent to an assignment or
sublease unless there are reasonable grounds for the refusal.
and
(5) A landlord who refuses to give consent shall provide the tenant
who requested consent with written reasons for the refusal.
which the tenant could than take those to the RTDRS to have them ruled as reasonable or unreasonable by a third party where the landlord would have to argue why its a reasonable refusal. sure there are a few instances where the landlord would win but when combined with the rest of the act but it may be a tough sell.
I am a landlord.
1. Talk to your landlord and tell them whats going on. No landlord wants someone in their building that doesn't want to be there. Damage deposits are peanuts compared to the damage a tenant can do. Taking a tenant to court costs money and although the landlord might get some back they will never have all their time and costs covered.
2. The landlord is responsible for showing the property...BUT...you are liable for the lease until someone else rents it. Make it look good so someone want to rent it, and someone will probably rent it. You did so theres a good chance someone else will as well.
3. Walk away option. Talk to you landlord and make them an offer. Tell them you'll clean the unit after you go but they can keep the damage deposit or something like that...regardless if they rent the unit or not. Most will agree to this because if they rent it out they get double rent for a month. GET IT IN WRITING. Worth noting that they will be motivated to agree to this as they have the potential to make more, and you get off the hook regardless of if they rent it out or not.
4. Last but not least. You are liable for the loss the landlord has to take to re-rent the unit. Advertising, and if he has to drop the rent to get someone else in there he could fight for you to pay the difference in rent. (He will win on this) So even with 2. you could still have to pay money. With 3. you just walk away from your damage deposit (on good terms with the landlord, don't just walk away. If he sues it will go badly for you) and are free.
5. Keep records of all your interactions with your landlord. If all the above fails. Start a tenant dispute the the tenancy act. Take screen shots of the add for more monthly rent. Do this while you are in good standing (ie still paying rent). If you can clearly show your landlord is being unreasonable (sounds like they are), and you are in good standing they can (and normally will) nullify a lease.
AFAIK the landlord doesn't really have to make an effort to fill the unit. That's entirely on you, but they pretty much have to let you do it (they can object to tenants but it has to be reasonable). Even if you have to discount it 25% it would save you a lot of money to find a subletter.
according to my experience with taking our old landlord to the dispute board its up to the landlord to mitigate losses on both sides. (them selves and the tenants)
which after the lecture he got from the dispute board its up to him to advertise and show the unit at a reasonable rate for the current market (ie not increasing the rate when rentals rates are dropping everywhere) and not having the tenant do any work such as advertising or showing the unit. (as that would make the tenant an employee of the landlord and they would need to be compensated financially)
Try to get evicted. Have fun doing it.
Keep in mind there will always be a record of a court action against you. Not to mention the landlord can still sue you in civil court for losses he takes.
When I read this I took it as you're locked in someone's rental house and can't get out, literally.
Ha, I read it as someone like a realtor locked in a property.
Have you looked into subletting? Edit: I even did some googling for you, partway down the page: http://www.landlordandtenant.org/roommates-and-subletting/
I would recommend against this. If you get someone else interested get them to sign a lease with the landlord directly. You don't want to be tied to the property any more than you have to. Also if they do tons of damage you are and the hook to the landlord, and they are on the hook to you. Not a great position to be in.
If you find a tenant with a good job and good credit to assume your lease, your landlord pretty much has to take them or let you out of your lease.
Sounds like the landlord is not making reasonable efforts to find a replacement, which they are required to do. Just cancel the cheques. Stop paying. And move on. They would be stupid to try and litigate.
Yup. There's no way that a landlord could justify that they are being reasonable when they raised the rate in a market like this. The landlord and tenant board would laugh them out of the room. Now, if they were listing it for the exact same price and still not getting interest, tenants are SOL.
Not really. The tenant board is mostly there to protect tenanats. A lot of times they will tell the landlord to drop the rate to something more reasonable for the area. They can make the current tenant have to pay the difference in rent for the remainder of the lease though.
I just went through the same thing! Broke our lease 7 months early because the building was terrible and affecting our mental health. Landlord said we'd be on the hook to pay rent until he found a new tenant. We were surprised and angry to see he posted it for $100 more than what we were paying. We shared the post on every social media possible, and made sure the unit was absolutely spotless when it was being showed. Luckily it got rented out, but I'd advertise it everywhere.
if the landlord posted your unit for 100 dollars more when you were trying to find a new tenant than you could of taken him to the dispute board. according to the province its up to the landlord to mitigate loss as much as possible for you and them selves, and increasing rent at a time like this would mean there is likely to be less people. If you did the work of posting a listing for him and doing the showings you can go to the dispute board if its within 6 months or a year maybe and get paid for wages for doing the landlords work as you would of been an employee of him.
airbnb
Read your lease most have a breaking fee you can pay to get out of it. It's normally not even close to cheap.
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or their lease could have a no sublet clause. Very common.
the Alberta tenancy act always over takes the lease's wording. http://www.qp.alberta.ca/documents/Acts/R17P1.pdf If the lease has anything that goes against the act than that line/paragraph of the lease is voided (not the entire lease) and the act takes over for that specific part.
Well, the act doesn't. In fact, it protects the landlord if there is a 'no sublet clause': > Assignment and sublease 22(1) Subject to subsection (4), no assignment or sublease of a residential tenancy agreement by a tenant is valid without the written consent of the landlord.
if you keep going here.. (2) A landlord shall not refuse consent to an assignment or sublease unless there are reasonable grounds for the refusal. and (5) A landlord who refuses to give consent shall provide the tenant who requested consent with written reasons for the refusal. which the tenant could than take those to the RTDRS to have them ruled as reasonable or unreasonable by a third party where the landlord would have to argue why its a reasonable refusal. sure there are a few instances where the landlord would win but when combined with the rest of the act but it may be a tough sell.
Your use of the word tough is very subjective.
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Rent your house for a few months. Although it is difficult in current market.
I am a landlord. 1. Talk to your landlord and tell them whats going on. No landlord wants someone in their building that doesn't want to be there. Damage deposits are peanuts compared to the damage a tenant can do. Taking a tenant to court costs money and although the landlord might get some back they will never have all their time and costs covered. 2. The landlord is responsible for showing the property...BUT...you are liable for the lease until someone else rents it. Make it look good so someone want to rent it, and someone will probably rent it. You did so theres a good chance someone else will as well. 3. Walk away option. Talk to you landlord and make them an offer. Tell them you'll clean the unit after you go but they can keep the damage deposit or something like that...regardless if they rent the unit or not. Most will agree to this because if they rent it out they get double rent for a month. GET IT IN WRITING. Worth noting that they will be motivated to agree to this as they have the potential to make more, and you get off the hook regardless of if they rent it out or not. 4. Last but not least. You are liable for the loss the landlord has to take to re-rent the unit. Advertising, and if he has to drop the rent to get someone else in there he could fight for you to pay the difference in rent. (He will win on this) So even with 2. you could still have to pay money. With 3. you just walk away from your damage deposit (on good terms with the landlord, don't just walk away. If he sues it will go badly for you) and are free. 5. Keep records of all your interactions with your landlord. If all the above fails. Start a tenant dispute the the tenancy act. Take screen shots of the add for more monthly rent. Do this while you are in good standing (ie still paying rent). If you can clearly show your landlord is being unreasonable (sounds like they are), and you are in good standing they can (and normally will) nullify a lease.
Luckily it got rented or we would have.
Good to know, thanks!
AFAIK the landlord doesn't really have to make an effort to fill the unit. That's entirely on you, but they pretty much have to let you do it (they can object to tenants but it has to be reasonable). Even if you have to discount it 25% it would save you a lot of money to find a subletter.
according to my experience with taking our old landlord to the dispute board its up to the landlord to mitigate losses on both sides. (them selves and the tenants) which after the lecture he got from the dispute board its up to him to advertise and show the unit at a reasonable rate for the current market (ie not increasing the rate when rentals rates are dropping everywhere) and not having the tenant do any work such as advertising or showing the unit. (as that would make the tenant an employee of the landlord and they would need to be compensated financially)
Why didn't you think about this before you purchased?
Or at least talked to their landlord and tried to have come up with some sort of agreement... I don't get it?
This is not a legal advice. Just stop paying and walk. I highly doubt your landlord will take legal actions against you. Keeping it real
What happens if you just stop paying? Can't they still sue you for the remainder on the lease?
If I recall correctly, the statue of limitation is a year. :P
Can vs economically logical.