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Old 06-27-2013, 01:05 PM   #3652
photon
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Quote:
Originally Posted by Ashee View Post
So I was supposed to move out of my condo (I'm renting) by June 30th and a new tenant was scheduled to move in July 1st. Now, it's physically impossible for me to move out (and for someone to move in) by the 30th as it looks highly unlikely that we will be let back into the building before the month ends - is anyone familiar with the laws in this regard? Am I on the hook for the rent from July 1st on until I can get my things out?
You can call Service Alberta's consumer line at 1-877-427-4088 (I think that's who to call) to get their input on what the law says.

I wouldn't think you would be on the line.

Normally, If you haven't moved out the tenancy isn't over (even though it's not your fault, it might be up to you to either check with your insurance or apply for government aid if you have to pay extra rent until you can get out), you'd be responsible for rent.

Just like on the Landlord's side, he's obligated to have the unit available when the new tenancy starts, and if he can't the new tenant isn't obligated to pay rent (the new tenant can either end the agreement, or the landlord would be on the hook for costs while the tenant waits for access, like if they had to stay in a hotel for a few days).

But that's under normal circumstances though, because access to the premises is restricted because of things beyond anyone's control, different rules might apply.

I know that if a property is unintentionally destroyed or damaged beyond habitability then the rights and obligations of both the landlord and tenant are terminated, but the scenario you describe isn't a permanent situation I assume.

Quote:
Originally Posted by RougeUnderoos View Post
I sure as hell wouldn't write them a check. The other guy shouldn't either.

If you can't even get into the apartment, you shouldn't be paying rent.
Yeah if the landlord cannot provide access normally the tenant can walk away or sue the landlord for costs while they wait until the landlord can provide access, but because it's not the landlord preventing access I don't know if the situation is different.

If you phone and find out Ashee share what they say, I'm curious.
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