Apartment rental lease advice

[sa226]

I used to live in Winnipeg and moved to Calgary at the beginning of November because of my Job. I had\have a lease on an apartment in Winnipeg.

Because nobody apparently wants to move at that time of year, I have been stuck paying for this apartment up until the end of January. I can't get rid of the stupid thing. A contract is a contract.

Last week I got a call that finally somebody would take over my lease, my three months of flushing money down the toilet was over. So I mailed the keys etc etc.

2 days later I got a call with some "good news and bad news, but I think you'll be okay with both"

The person who wanted the apartment, backed out. They didn't want it anymore. But because they signed the paperwork, they were on the hook for the place, and I was off the hook. The manager said they would process my damage deposit and that would be it.

Fast forward to this morning. There is a message on my phone from the building manager saying that the person who backed out didn't sign all of the paper work, so I am still responsible for February's rent and ultimately the apartment. She did assure me that they are still trying to rent the place and still trying to collect February rent from this other person who backed out. And politely asked me to forward February's rent at my earliest convenience.

So basically, what the hell do I do?

I have not embellished any of this story.

Keeping in mind that this has all been discussed over the phone, I am in Calgary. Apartment is in Winnipeg.

If I am still on the hook for February, why are they still trying to collect from this other guy?

How do they conveniently say he didn't sign ALL of the paper work?

I think I have a case here, but I don't have much of anything to back it up. All phone conversations.

Any advice or experience is appreciated.

[blankall]

Originally Posted by sa226

I used to live in Winnipeg and moved to Calgary at the beginning of November because of my Job. I had\have a lease on an apartment in Winnipeg.

Because nobody apparently wants to move at that time of year, I have been stuck paying for this apartment up until the end of January. I can't get rid of the stupid thing. A contract is a contract.

Last week I got a call that finally somebody would take over my lease, my three months of flushing money down the toilet was over. So I mailed the keys etc etc.

2 days later I got a call with some "good news and bad news, but I think you'll be okay with both"

The person who wanted the apartment, backed out. They didn't want it anymore. But because they signed the paperwork, they were on the hook for the place, and I was off the hook. The manager said they would process my damage deposit and that would be it.

Fast forward to this morning. There is a message on my phone from the building manager saying that the person who backed out didn't sign all of the paper work, so I am still responsible for February's rent and ultimately the apartment. She did assure me that they are still trying to rent the place and still trying to collect February rent from this other person who backed out. And politely asked me to forward February's rent at my earliest convenience.

So basically, what the hell do I do?

I have not embellished any of this story.

Keeping in mind that this has all been discussed over the phone, I am in Calgary. Apartment is in Winnipeg.

If I am still on the hook for February, why are they still trying to collect from this other guy?

How do they conveniently say he didn't sign ALL of the paper work?

I think I have a case here, but I don't have much of anything to back it up. All phone conversations.

Any advice or experience is appreciated.

I find it a little bit baffling that your landlord cannot find anyone to take over the apartment at all. Even if he offered it up for 1/2 rent? In that situation you'd only be on the hook for 1/2 the rent, which is better than nothing.

Not sure what the law in Manitoba is like, but in BC a landlord has to make a reasonable effort to find new tenants. Sounds like your landlord is just being lazy. Not sure I'd trust this guy. For all you know he could already have it rented and be collecting double rent.

[KTrain]

If the landlords said you were off the hook for the rent that should be good enough. It's their responsibility to get all the paperwork signed.

[DuffMan]

Give the keys to some crack whores.

[wooohooo]

Couldn't you just move out and lose your damage deposit? Probably better than putting in a few months rent.

[sa226]

Originally Posted by blankall

I find it a little bit baffling that your landlord cannot find anyone to take over the apartment at all. Even if he offered it up for 1/2 rent? In that situation you'd only be on the hook for 1/2 the rent, which is better than nothing.

Not sure what the law in Manitoba is like, but in BC a landlord has to make a reasonable effort to find new tenants. Sounds like your landlord is just being lazy. Not sure I'd trust this guy. For all you know he could already have it rented and be collecting double rent.

This is a leasing agency that owns a number of buildings throughout Winnipeg. I'm quite certain they haven't been double billing considering that I had the keys until 3 days ago. As well the onsite caretaker is sympathetic with me.

I don't suspect they are greasy at all. The first sign of fishyness is the message I received this morning.

I'm sure the guy who backed out, told them to pound sand when they asked for Feb. rent. Now they are coming back to me saying he didn't sign ALL of the paperwork. Something just doesn't add up.

When I moved out in November, I wasn't concerned at all about finding a subletter, all I kept hearing in Winnipeg was this "all time low" in rental vacancies. But, that is a crappy time of year to move, its cold and close to Christmas.

[ricoFlame]

Why wouldn't you have just broken the lease?

[sa226]

Originally Posted by KTrain

If the landlords said you were off the hook for the rent that should be good enough. It's their responsibility to get all the paperwork signed.

That is the angle that I'm trying to run with. Why is it my fault that this guy backed out and the paperwork didn't get signed?

But I kinda want some backup, in case they pursue it with me.

I would like to keep my nose as clean as possible, if I didn't I would have just stopped paying rent when I moved out.

[photon]

It could also be that the other ones did actually sign all the paperwork and the landlords gave them a bit of time to come up with the security deposit or something, but they then disappeared, and they're fibbing and trying to "undo" what they did, or just fibbing about going after the other ones to make you feel a bit better about it.

So basically it amounts to do you think they completed the transaction with the new tenant sufficiently to absolve you of your obligations.

Since they've been good to you so far you could start just by raising the concern and ask for any kind of evidence to substantiate their position.

Otherwise if you think they've wrongly held you to the lease (i.e. they did manage to rent it out then the other guy backed out and they went back to you because you are reliable rather than because you are still obligated), then you'll probably have to resort to the landlord/tenant stuff for Manitoba.

In Alberta for example, you'd still have to pay the rent and then submit an application to the mediation process to get that rent back, they'd have to prove that the other person did/didn't sign a full agreement etc. I don't know what the process would be in Manitoba though.

[wooohooo]

What do you mean keep your nose as clean as possible? It seems like fairly common practice. Laws generally favor the tenants, if you break your lease expect to lose the deposit, but that generally covers a months rent. They shouldn't have that much problems finding a tenant unless they're charging unreasonable rates.

[sa226]

Originally Posted by ricoFlame

Why wouldn't you have just broken the lease?

In Manitoba there isn't any way to break a lease in my circumstance. I think in Alberta there is?

Unless I can prove negligence on there part, unsafe conditions, not living up to their end of the lease etc etc. all of that is covered.

The only way is for me to find a subletter, who they would then assign the lease to.

I have been doing that for 3 months.

I have toyed with the idea of just calling them up and saying "I can't afford this, I'm not paying you anymore, click"

And see what actions they take.

Best case, I lose my damage deposit and they find another renter.

Worst case, they come after me for lost rent, up to the end of my lease. I lose my damage deposit and any future rental reference.

[photon]

Originally Posted by sa226

That is the angle that I'm trying to run with. Why is it my fault that this guy backed out and the paperwork didn't get signed?

Kind of depends on how honest a mistake that was to tell you that IMO.. I agree with you here if they verbally told you this then that should be sufficient (even if when they told you that they weren't 100% sure), and they should take responsibility and absolve you of the obligation.

Check to see if there's a landlord/tenant hotline in Manitoba, there's one in Alberta that will tell you what the law says for a given situation.

But first I would basically outright ask for what you'd like. You were told that you were no longer responsible for the lease as they'd found another tenant, that they messed up the deal with the new tenant isn't your responsibility, and you'd like an email/letter from them stating your responsibility is ended. Their mistake, they should be responsible.

Originally Posted by sa226

But I kinda want some backup, in case they pursue it with me.

I would like to keep my nose as clean as possible, if I didn't I would have just stopped paying rent when I moved out.

I think that speaks highly of you and I wish more people were like this rather than just walking away or forgetting their agreements when it is convenient.

[mykalberta]

In your OP you say

Because nobody apparently wants to move at that time of year, I have been stuck paying for this apartment up until the end of January. I can't get rid of the stupid thing. A contract is a contract.

So if you lease ends in January (I assume thats what you meant) why would you be paying for February?

Also agree, why not just walk away, they take you damage deposit. And then its up to them to collect from you if they cant rent it out.

[sa226]

Originally Posted by mykalberta

In your OP you say



So if you lease ends in January (I assume thats what you meant) why would you be paying for February?

Also agree, why not just walk away, they take you damage deposit. And then its up to them to collect from you if they cant rent it out.

It is a year lease. October to October.

[photon]

Originally Posted by wooohooo

What do you mean keep your nose as clean as possible? It seems like fairly common practice. Laws generally favor the tenants, if you break your lease expect to lose the deposit, but that generally covers a months rent. They shouldn't have that much problems finding a tenant unless they're charging unreasonable rates.

It's still wrong to just break the lease; the security deposit is to cover any damages, not to pay the last month's rent.

If a tenant breaks the lease expecting the security deposit to pay for the last month's rent, and there's something that needs to be done, the landlord has to pay.

Plus if it is a fixed term lease (not month by month), the tenant is responsible for the ENTIRE term unless the unit is re-rented (which as has been mentioned they have to make a reasonable effort to do) unless otherwise agreed on. So if they sign a 1 year lease and walk away 3 months in, they're responsible for 9 months or until it's re-rented, whichever comes first.

What sa226 is describing is fixed term, otherwise he could have just given his 1 month notice.

[mykalberta]

Wow so 11 months you were thinking of paying rent? Yah I would walk away and see what happens. Do they have all the rental cheques from you in advance?

I assume your job didnt cover this when they moved you?

Sh1t situation. I would go thought your lease and the Manitoba rental agreement documents to try to find a way out.

[photon]

Originally Posted by sa226

Worst case, they come after me for lost rent, up to the end of my lease. I lose my damage deposit and any future rental reference.

This might be pretty low risk, since I've been told inter-provincial legal stuff is much more expensive to bring so it's not worth it unless the amounts are many thousands of dollars. Not sure about that, but that's what I've been told anyway.

You would lose the reference tho.

[sa226]

Originally Posted by mykalberta

Wow so 11 months you were thinking of paying rent? Yah I would walk away and see what happens. Do they have all the rental cheques from you in advance?

I assume your job didnt cover this when they moved you?

Sh1t situation. I would go thought your lease and the Manitoba rental agreement documents to try to find a way out.

Yeah, It does seem a little silly to move out one month into a new lease.

But situations change, and I didn't think it would be this hard to find new renters.

[sa226]

Originally Posted by photon

This might be pretty low risk, since I've been told inter-provincial legal stuff is much more expensive to bring so it's not worth it unless the amounts are many thousands of dollars. Not sure about that, but that's what I've been told anyway.

You would lose the reference tho.

I'm not entirely sure if that is "Worst Case" but its the worst I could think of off the top of my head.

I will certainly try and find a Manitoba "Hotline" though.

[photon]

Originally Posted by sa226

I'm not entirely sure if that is "Worst Case" but its the worst I could think of off the top of my head.

Yup and some companies will pursue legal action even if it doesn't make sense money wise just to try and hold people responsible, so it's a reasonable worst case scenario to start with.

I'd do much the same thing (if I were in your situation).