Anyone ever break a lease??

[AFireInside]

Hey everyone,

I always find myself consulting CP for various questions.. I always seem to get decent answers! So here I am again..

I am currently in a lease for an apartment with boardwalk here in town. Now my lease goes until the end of May. My gf and I have been looking at the market to buy for quite a few months now, and we've seen a few open houses etc. Well we've found a townhouse/condo that we both loved and fit all of our critieria, which seems to be rare. We've put an offer in, and pending our conditions being met, it looks like we may get it.

Now originally we had agreed that after my lease we would take possession if all of the conditions are met. However now the seller wants to move it up by one month.

My current lease says that I will have to pay 1000, if I break early. It does not say anything about lost rent etc. Just wondering if anyone has broken a lease. Will I be on the hook for the 1000, plus rent, plus damage deposit??

Thanks everyone...

[Delthefunky]

Lease-breaking party?

[MelBridgeman]

I think that only applies if they can't find anyone to take the apartment, so you better give them notice or find someone yourself

[Tower]

Replace with someone - that's what I did...

Pick a crack head that can pay the DD and first month... lol (That's the hard part...)

Then stick it to the over charging bastage man!

[photon]

Boardwalk is one of the good guys, no need to stick it to them.

That's interesting about the $1000, give them a call and ask them about it (no need to ID yourself as a tenant).

In a fixed term, the tenant is responsible for the entire term of lease, though the landlord has to make every effort to re-rent it and if they do then you are off the hook.

It sounds to me like with this $1000 thing they're making it simpler, instead of making the tenant responsible for everything just making a simple way to get out. I would guess the $1000 is instead of being on the hook for rent until May.

Either way you should not lose your security deposit.

Look at it this way, if you get your place 1 month early, then you have a month to move rather than a day Plus keep in mind that your mortgage payments typically don't start until 1 month after the deal closes, so you won't be paying for both at the same time.

If not, give your notice now and they're obligated to start advertising it, and they'll likely have someone ready for when you move out. Or as others have said find someone for them (though they have the right to qualify them).

[AFireInside]

I think I may have trouble finding someone. Honestly, if its just 1000, I'll eat it if I have to, to make sure I get the place I want. My rent is a lot more than 1000 sooo.. If paying 1000 will get me out a month or two early, and I get my townhouse, then so be it. If its 1000, plus 2 months rent, then there are problems of course! lol.. I would of course give them minimum 30 days notice

[Dion]

Originally Posted by AFireInside

I think I may have trouble finding someone. Honestly, if its just 1000, I'll eat it if I have to, to make sure I get the place I want. My rent is a lot more than 1000 sooo.. If paying 1000 will get me out a month or two early, and I get my townhouse, then so be it. If its 1000, plus 2 months rent, then there are problems of course! lol.. I would of course give them minimum 30 days notice

Photon is a good egg and speaks the truth. I'd give his ideas a shot

[Eric Vail]

Originally Posted by photon

Boardwalk is one of the good guys, no need to stick it to them.

That's interesting about the $1000, give them a call and ask them about it (no need to ID yourself as a tenant).

In a fixed term, the tenant is responsible for the entire term of lease, though the landlord has to make every effort to re-rent it and if they do then you are off the hook.

It sounds to me like with this $1000 thing they're making it simpler, instead of making the tenant responsible for everything just making a simple way to get out. I would guess the $1000 is instead of being on the hook for rent until May.

Either way you should not lose your security deposit.

Look at it this way, if you get your place 1 month early, then you have a month to move rather than a day Plus keep in mind that your mortgage payments typically don't start until 1 month after the deal closes, so you won't be paying for both at the same time.

If not, give your notice now and they're obligated to start advertising it, and they'll likely have someone ready for when you move out. Or as others have said find someone for them (though they have the right to qualify them).

As a landlord, I understand this to be entirely correct. The only addition, is that the landlord has the right to charge the tenant for the advertising to fill the place. I don't believe that the landlords - tenants act says anything about a fee. As was suggested, perhaps they just simplify everything with the $1000 fee. In the big scheme, you wouldn't want to lose out on a sale due to $1000.

Congratulations on your purchase!

[AFireInside]

Originally Posted by Eric Vail

As a landlord, I understand this to be entirely correct. The only addition, is that the landlord has the right to charge the tenant for the advertising to fill the place. I don't believe that the landlords - tenants act says anything about a fee. As was suggested, perhaps they just simplify everything with the $1000 fee. In the big scheme, you wouldn't want to lose out on a sale due to $1000.

Congratulations on your purchase!

Thanks, not a final sale yet, but looks to be close....Here's hoping.

[Rutuu]

Um...personally you should just keep the last months rent in your pocket...then negotiate from a position where you're holding all the money.

They could try and sue you for the rent because you broke your lease, but they will never win, simply on the fact that they would have to show a loss and if they rent the place out again within the month there isn't one.

I played nice with landlords once...in the end they are generally thieves...so play hardball.

Now go and listen to everyone else telling you the right thing to do, then when you get boned remember my post.

[BlackArcher101]

I'm in the process of breaking a lease with boardwalk. No where did they mention $1000. Instead I'm obligated for the rest of the rent, but when they find another tenant it becomes null and void.

[photon]

Originally Posted by Rutuu

I played nice with landlords once...in the end they are generally thieves...so play hardball.

Yeah I played nice with tenants once... in the end they're all selfish liars like you.

Most landlords are good, and most tenants are good. Just because I've had some tenants that trash a place or lie about everything I don't characterize all tenants that way.

In the case of a tenant that does something like keeping the last month's rent, while it might sound like a good idea, a knowledgeable landlord will use all the tools they have available, which can include getting your stuff repossessed. It's very easy to do, and does not require a court order.

They could also post an eviction notice which would give you 14 days to move out, which may be what you want as an eviction breaks the contract.

Plus a lot of landlords (especially bigger places) will make sure that your credit rating is affected from non-payment, even if it costs them.

One can choose to be a selfish child like others who act based on what one wants at any given time (like my 3 year old), or one can be a man and follow through on what one agreed to, or negotiate and work with the landlord or seller to find a solution that works for everyone.

[ken0042]

When I bought my house I simply called up my landlord and asked him what we could do about the lease. He agreed to let me out of my lease early, on the condition that I was co-operative with him with respect to him finding new tenants. So all I really had to do was keep the place spotless for a month and took some pictures. I also told him that if he had somebody who wanted to see the place right a way I would be willing to waive the 24 hours notice; within reason of course.

As for having both places for a period of time, I used to always keep 2 places for a couple of weeks. Good chance to move the breakables in the car, go through stuff that you don't need, etc. Do not underestimate the convienince of having a dumpster available to you to get rid of all your junk prior to moving.

[Rutuu]

Originally Posted by photon

Yeah I played nice with tenants once... in the end they're all selfish liars like you.

Most landlords are good, and most tenants are good. Just because I've had some tenants that trash a place or lie about everything I don't characterize all tenants that way.

In the case of a tenant that does something like keeping the last month's rent, while it might sound like a good idea, a knowledgeable landlord will use all the tools they have available, which can include getting your stuff repossessed. It's very easy to do, and does not require a court order.

They could also post an eviction notice which would give you 14 days to move out, which may be what you want as an eviction breaks the contract.

Plus a lot of landlords (especially bigger places) will make sure that your credit rating is affected from non-payment, even if it costs them.

One can choose to be a selfish child like others who act based on what one wants at any given time (like my 3 year old), or one can be a man and follow through on what one agreed to, or negotiate and work with the landlord or seller to find a solution that works for everyone.

Haha...for missing one months rent I'd like to see you collect, evict or repossess. If you personally have ever done it in less than 6months I'll shut my trap and call you the winner.

As for hitting someone's credit rating, good luck...if they have a good respectable job, pay their credit cards and loans on time and have RRSP's or a mortgage, no bank in this country wouldn't lend them money based on missing a month's rent, not paying impark tickets or returning their videos on time.

In AFireInside's case, he's buying a house, that means his mortgage is already a done deal and that will count more for his credit rating than screwing with a shady landlord or management company.

Don't get me wrong...try and negotiate first and get it in writing...if you can't do that, be the one holding the money, it makes it a lot easier to negotiate from that position, than to be the one asking for money back.

[Eric Vail]

Originally Posted by ken0042

Do not underestimate the convienince of having a dumpster available to you to get rid of all your junk prior to moving.

I thought that was what the buy/sell forum was for.

[photon]

Originally Posted by Rutuu

Haha...for missing one months rent I'd like to see you collect, evict or repossess. If you personally have ever done it in less than 6months I'll shut my trap and call you the winner.

I didn't but one of my partners did for one of their properties. Like I said repossessing stuff doesn't need a court order, so you simply call up the bailiff, provide all the documentation, and they go take their car (ok a bit more complicated than that but not much).

By the time it was all foiled out and the tenant finally left, it ended up being for 2 months rent, but the tenant didn't pay it, so the car was auctioned off.

As for hitting someone's credit rating, good luck...if they have a good respectable job, pay their credit cards and loans on time and have RRSP's or a mortgage, no bank in this country wouldn't lend them money based on missing a month's rent, not paying impark tickets or returning their videos on time.

Of course not, I didn't say destroy their credit rating, I just said put a mark on it.

In AFireInside's case, he's buying a house, that means his mortgage is already a done deal and that will count more for his credit rating than screwing with a shady landlord or management company.

I see, he's got what he wants so whatever he signed doesn't matter, what's important is he gets his way. Just what I'd expect from a 3 year old, or someone who's grown up physically but not in any other way.

Don't get me wrong...try and negotiate first and get it in writing...if you can't do that, be the one holding the money, it makes it a lot easier to negotiate from that position, than to be the one asking for money back.

Having strength in a negotiation is one thing, but that's not what you were originally suggesting.

[BlackArcher101]

Originally Posted by Rutuu

Haha...for missing one months rent I'd like to see you collect, evict or repossess. If you personally have ever done it in less than 6months I'll shut my trap and call you the winner.

Don't get me wrong...try and negotiate first and get it in writing...if you can't do that, be the one holding the money, it makes it a lot easier to negotiate from that position, than to be the one asking for money back.

You are giving a lot of bad advice here. First of all, they can and will collect money any way they can. My neighbour in my boardwalk apartment did not pay and now has a notice from the bailiff that he can get his possessions back after paying.

Yes, the tenant may be the one holding the money, but that doesn't give them more negotiating power. News for ya... the landlord holds the lease, and that talks more than the money you are withholding. Don't call a bluff if you aren't willing to deal with the consequences.

[AFireInside]

Lets get one thing straight here. I am not looking to screw anyone over. If its $1000 to get out early, I'll pay it. I just don't want to get screwed over myself, as in, pay 1000, plus rent etc...

I just want something reasonable. If the conditions are met (let me state that we haven't officially been approved yet, find out in the next day or so), but there is an offer on the table with financing pending, home inspection etc.

I contacted my managers office she was off today. The guy told me I'd have to pay 1000 or a months rent whichever is higher. However the lease does not state that. So I called the 1-800 number, and the woman told me it would be 1000 PLUS the rent, which makes no sense, I'd just pay the rent and leave the place empty instead of paying an extra 1000.

At the most it will be 2 months early, but more likely 1 month early... I just want to get out a month or 2 early. I would be giving at minimum a months notice, more likely 2 months notice so I'd like to work with the landlords for something reasonable.

[photon]

Sorry AFI, I wasn't directing anything at you specifically.

Yeah that doesn't make sense, $1000 + the rent. I don't even think that's legal, everything in the landlord tenant act is about renumeration of damages, penalties are actually illegal (so when a landlord says $25 a day late fee for rent or something like that, that's actually illegal).

[Rutuu]

Originally Posted by photon

Sorry AFI, I wasn't directing anything at you specifically.

Yeah that doesn't make sense, $1000 + the rent. I don't even think that's legal, everything in the landlord tenant act is about renumeration of damages, penalties are actually illegal (so when a landlord says $25 a day late fee for rent or something like that, that's actually illegal).

Bingo...maybe my main point was a bit strewn...

It was hold the last months rent till they invoice you, then pay what is actually a real/legal charge and see what you get back from your damage deposit.

In my experience they'll keep your whole damage deposit and hit you with phony charges. Do they actually fix any of those "damages" before they rent the property out again? Doubtful...so hold the money back and make them show you receipts and estimates like their supposed to and give them the correct amount.


We're breaking the lease at our building...they billed us $620, after spending 3weeks trying to track down the property manager we got that bill down to $50. Nothing like trying to jack us for $570 for no reason...

Next up is the fight for the damage deposit.

...also don't get scared of any threats they make...your credit isn't going to get wrecked and a normal persons car isn't going to get auctioned off. It also takes them forever to kick you out of the property. Like photon said the guy owed 2months rent...I wonder if they even kicked him out after falling 2months in arrears? Doubtful...his lease probably ended, they went after him for the money for awhile, but he couldn't pay, so finally they repossessed his car. If you have a mortgage on the way I doubt you're anything like that guy.