Quote:
Originally Posted by ken0042
I would double check the loss of security deposit as well as the expenses. I agree it would be silly if you lost both the deposit and any rent they miss out on; but I don't see how they can take away your deposit unless they put it against any loses.
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In Alberta you are still on the hook for the remaining rent through the end of the lease term. The landlord must try and mitigate his damages (try and rent it out to someone else if you end your tenancy early), but you can still be liable to pay the rent if he makes a good faith effort and cannot find another renter.
The renter should check the clause to see what the lease break fee is shown as. If it is liquidated damages, that is the landlord's estimate on how much it will cost him if the renter breaks the lease. It would likely be difficult and costly to fight that amount. I rented at Calgary Place Apartments for a while. I signed a second lease and then broke it. They had an agreement that if you broke it in your first six months, they'd charge you a full month's rent. If you stayed at least six months, it was only $200. They were happy to have me pay the $200, as they were able to get my money, and raise the rent for the next person.