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Tenant's last month deposit

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shall she sail seas

PostPosted: Tue Oct 21, 2008 7:39 pm
I know this may not be the right place to ask, but I just want a bit of a heads-up before I actually go to the Landlord and Tenant Board tomorrow to discuss this.

It's really just one simple question for now:
If I'm breaking a 1-year lease ahead of time and also gave him first and last months' rent, does the breaking of the lease mean the last month's rent need not be paid?

I have a perfect record for paying rent, absolutely no damage done to the property, gave 60 days' notice, etc.  
PostPosted: Wed Oct 22, 2008 10:28 pm
IF you break the lease, you're responsible for all the month's rent in said lease, unless you get someone to take your place in the apartment. A lease is a binding contract that makes you liable for the months included in the lease, even if you don't live there.
Now, if you get someone to take your place, who's equally as responsible as you, and your landlord accepts that person in your place, then they take over your lease, and you get your name off of it, and their name on it. Otherwise, you'll be paying rent in a place you do not live in.
If the landlord doesn't charge you for the months you don't live there, then he's a nice guy.
 


pd2care


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Taxi Mama

PostPosted: Thu Oct 23, 2008 1:01 pm
If you just leave without paying the final month's rent; a landlord can claim you skipped out on the bill, which will blight your credit rating. That money is collected up front to protect the landlord. It's really a deposit to cover the expenses of fixing up the place after you leave. If you give plenty of notice, fix or replace every thing you broke, and leave it super clean, you should get that money back. If you have a decent relationship with the landlord, he might be willing to do a walkthrough inspection as soon as you are done moving out, and settle up right then. Good luck!  
PostPosted: Fri Oct 24, 2008 5:00 pm
Sorry. Been busy.

You guys posted a bit late, but thanks anyway.

In case anyone else encounters the same problem, the answer I got from the Landlord and Tenant Board is that 60 days written notice is perfect, and that I should get my deposit back since I have a perfect track record.

Because my deposit is a post-dated cheque, the guy working there actually told me I should cancel the cheque and prevent my landlord from cashing it.  

shall she sail seas


Harbone
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PostPosted: Mon Oct 27, 2008 5:47 pm
I think the confusion is that, for most people, breaking the lease means running out on the lease.

Each individual lease has it's own release options, if one is written into the contract at all. I think it's pretty standard for the landlord to allow you 60 days notice, but I lived in one place where they didn't (and the conditions of the lease allowed them to charge you the full amount of any remaining months, unless you were transferred on military duty.)

So, it sounds like it'll work out okay for you nomnomnom. Best of luck.  
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