Anyone ever break a lease?? - Page 2 - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

photon · 02-21-2008, 03:45 PM

Except holding back rent is illegal. "Then pay what is actually a real/legal charge" well of course, the rent IS a real and legal charge. I'll never understand why people think they're special and the rules don't apply to them.

But you're wrong about a normal person's car getting auctioned off, its very easy for a landlord to do, that would be the biggest risk out of all of the risks. In my case they didn't mess around, rent unpaid, person refuses to pay it, call to bailiff, car gets taken when they aren't looking. That fast. And she wasn't a deadbeat either, so really no idea what happened to her.

In fact if you kick someone out for unpaid rent, that's the remedy for that situation so you can't repossess their car at that point. You can only repossess it if they're still a tenant. I learned that one early.. landlords if you want to get your money, don't go straight to eviction.

ken0042 · 02-21-2008, 04:05 PM

Quote:

Originally Posted by Rutuu

If you have a mortgage on the way I doubt you're anything like that guy.

If I had a mortgage on the way the last thing I'd want to do is risk messing up my credit. What if on closing day you found you needed an extra $2000? If you have good credit you get your bank to give you a personal loan- problem solved. They see the one black mark on your credit history, you are suddenly in a tight spot.

That, and the whole illegality that Photon spoke of. I just commit an illegal act to get out of the contract when a legal remedy is available. And for the OP- if it is the right place for you, then factor that $1000 into the purchase price.

Rutuu · 02-21-2008, 04:52 PM

Quote:

Originally Posted by photon

Except holding back rent is illegal. "Then pay what is actually a real/legal charge" well of course, the rent IS a real and legal charge. I'll never understand why people think they're special and the rules don't apply to them.

But you're wrong about a normal person's car getting auctioned off, its very easy for a landlord to do, that would be the biggest risk out of all of the risks. In my case they didn't mess around, rent unpaid, person refuses to pay it, call to bailiff, car gets taken when they aren't looking. That fast. And she wasn't a deadbeat either, so really no idea what happened to her.

In fact if you kick someone out for unpaid rent, that's the remedy for that situation so you can't repossess their car at that point. You can only repossess it if they're still a tenant. I learned that one early.. landlords if you want to get your money, don't go straight to eviction.

Haha...if the landlord called the baliff and they took her car away after missing a months rent...her next call should have been to the Calgary Sun, Global News and Forbes from CJay 92. Fear tactics of attacking credit or repossessing cars doesn't impress me...life isn't lived at the extremes. For that one girl that had her car taken how many landlords kept damage deposits that they weren't entitled too? I bet everyone on this message board has a story of being screwed by a landlord or a friend that has...

Anyway...AFireInside if you ever get ahold of a manager at Boardwalk just remember to ask about your damage deposit being kept as well as the $1000 fine for breaking the lease.

Dan02 · 02-21-2008, 04:56 PM

I'm still fighting Boardwalk over part of my damage deposit. Basically they said they were fixing some stuff when we moved in, never did, then claimed it was my fault.

well still fighting is not exactly true, i just gave up cause it wasn't worth the time.

Dion · 02-21-2008, 04:59 PM

Quote:

Originally Posted by Dan02

I'm still fighting Boardwalk over part of my damage deposit. Basically they said they were fixing some stuff when we moved in, never did, then claimed it was my fault.

well still fighting is not exactly true, i just gave up cause it wasn't worth the time.

More reason to get everything documented and in writing before moving in.

Flames_Gimp · 02-21-2008, 04:59 PM

Quote:

Originally Posted by Dan02

I'm still fighting Boardwalk over part of my damage deposit. Basically they said they were fixing some stuff when we moved in, never did, then claimed it was my fault.

well still fighting is not exactly true, i just gave up cause it wasn't worth the time.

did u make sure they wrote that on the inspection when you moved it?

photon · 02-21-2008, 05:02 PM

Why is that extreme? If the tenant had said "sorry I'm late for the rent, I'll pay on Tuesday" then yes that's extreme. The tenant says "I won't pay.", that's extreme. Landlord tries to communicate and resolve the situation, tenant doesn't respond, why not use the options available? The tenant initiated the situation, not the landlord.

It doesn't have to impress you, it's not meant to. It's meant to make sure the landlord gets what is rightfully theirs.

Everyone on this board may have stories of being screwed by a landlord, but every landlord will have stories of being screwed (or attempted anyway) by MANY tenants. There are far more tenants than landlords, and if 10% of each are bad, that means far more bad tenants. Not that that means anything.

And the "I had a bad landlord so that entitles me to live outside the rules" logic is again something I'd expect of my kid, not an adult.

I doubt it's a fine as that would be illegal.

photon · 02-21-2008, 05:05 PM

Quote:

Originally Posted by Dan02

well still fighting is not exactly true, i just gave up cause it wasn't worth the time.

Yeah I had something similar when I was younger, after a landlord kept my deposit I checked into them and they had a long string of judgments against them for that kind of thing.

I didn't fight it since the $400 wasn't worth my time, but it still sucks.

There should be some penalties against landlords who do that kind of thing.

Flames_Gimp · 02-21-2008, 05:05 PM

Quote:

Originally Posted by Rutuu

Haha...if the landlord called the baliff and they took her car away after missing a months rent...her next call should have been to the Calgary Sun, Global News and Forbes from CJay 92. Fear tactics of attacking credit or repossessing cars doesn't impress me...life isn't lived at the extremes.

Who are these people that "miss" a months rent? and why do you think the media would even give a rats ass?

Do you know what would happen if my tenants just "missed" a month of rent? -I miss my mortgage payment...

trew · 02-21-2008, 09:26 PM

Pretty much guaranteed that, if there is a lease breaking fee, it is in addition to the missed rent. I suspect they would claim that this is to compensate them for the extra cost and effort of attempting to find a new tennant. (Don't count on them trying too hard).

Given that you only have a month or two of overlap, it likely will be easiest to just pay out the rent and let your lease expire. Just make sure to give your notice as well, lest they try to stick you for an extra month of rent or keep your damage deposit.

Also, make sure to keep your utilities on until your lease is up, even if you move out. If you cancel the power, it will switch back to the landlord and they can use that as evidence of abandoment of the property. This might allow them to freely enter the unit and remove your stuff.

If there are any renovations you are thinking about doing to your new place... Now's the time to do them while you have another place to live in.

moon · 02-21-2008, 09:33 PM

Quote:

Originally Posted by photon

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

They may have changed their ways since I dealt with them in the late 90's but if they haven't I would 100% disagree with that statement. They were crap when I dealt with them and would encourage you to do anything you could to screw them.

While I think Photon is a little overboard in his zealous defense of landlords (not surprising since he is one) I would agree with him and others against doing anything illegal without first doing your best to work something out with the landlord that works for you both. With rental space so limited I would think that they could replace you without too much trouble and without an astronomical cost to you.

While I doubt that they would resort to the extreme tactics laid out here and agree that the "credit rating" concern is always way overblown, there is no reason to purposefully risk a pain in your ass without first trying to handle it with out confrontation.

photon · 02-21-2008, 10:42 PM

Like any business not every customer has a good experience, but I just have heard more good than bad about them. And I really admire their max $150 increase per year policy, considering that other landlords were raising theirs 50-100% or more in recent times.

I'm not opposed to the tenant using everything the law gives them to defend their rights, and taking hard lines with crappy landlords (I dislike them more than you do, they make it tough for the good ones). The courts are ridiculously slanted towards the tenant, so there should be no need to do things illegally.

Quote:

Pretty much guaranteed that, if there is a lease breaking fee, it is in addition to the missed rent. I suspect they would claim that this is to compensate them for the extra cost and effort of attempting to find a new tennant. (Don't count on them trying too hard).

That would be illegal then since that would be a penalty instead of renumeration of damages.. the cost of finding a new tenant (advertising etc) can be passed on, but it has to be about the right value, $1000 is crazy.

If that's what the lease says ($1000 + due rent), then I'd call the government about it for sure.

AFireInside · 02-22-2008, 01:04 AM

Looks like I may not have to break the lease afterall. We are getting out of the deal. After reading the condo documents there are structural concerns that I want no part of. Our offer was based on 3 conditions, viewing of condo documents, pending financing, and an inspection. The structural concern was not listed anywhere and I was on the look out for it.

Just as well, after discussing with the mortgage broker, it looks like we are going to be approved for what we want, but we've decided to go cheaper, and make more student loan payments. Plus the mortgage broker has decided they want us to have more as a down payment, and we dont have what they want, nor will we with rental costs the way they are..

So tomorrow we are backing out of the deal... Just as well, the payments per month are a little higher than I'd like soooo... At least there wasn't much time wasted for the seller or us, only 3-4 days..

photon · 02-22-2008, 10:03 AM

Ah too bad, sorry you didn't get what you wanted, but yeah good thing you found that out now.

Good luck with your ongoing search!