I signed one year leisure with my landlord but I want move before. Niagara falls ontario. No any maintenance problem. i

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Customer: I signed one year leisure with my landlord but I want move before
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: niagara falls ontario
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no any maintenance problem. i should leave the country so i need end the leisure before
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the land lord told me that with one year contract which is the contract that i signed started in the beginning of Nov 2019 and ending in November 2020, because 1 year leisure I can not leave break the leisure until the end of the contract, if i do i must pay the rest of the rent . for example if I will have broken the leisure in May 2019 i should give the rest of 6 months rent to the landlord finishing paying the contract. it's sound weird!
Answered by Debra in 3 hours 2 years ago
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Debra
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Debra
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10+ years of experience
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Debra
10+ years of experience
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166414 Satisfied customers

Jessica

Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear of this difficult situation.

Are you asking me if the landlord is correct?

Customer
e in may I should pay the other 6 months full rent
Customer
if it is correct and if I leave before the end of the leisure I should pay the rest of the leisure until the end of the contract ;basically if I leav
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Debra, Expert

He is right in the sense that you cannot terminate the lease early.

You should be trying to find a sub-tenant and then you would be off the hook.

At the same time the landlord has to mitigate damages and must take all reasonable steps to find a new tenant as well. If they don't do this they cannot sue you successfully. But if they try and cannot find a new tenant you would owe them the rent up until the time they do find a new tenant or the lease runs out.

I am sorry this is not the answer you were hoping to hear.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Ok thanks, ***** ***** I will find some one who accept to get the rest of the leisure ( i pass to him the rest of my contract) and I tell to the landlord tha
Customer
t I have found some one who is able to get my leisure and the landlord refuse , I have the right Justification to leave the house filling the correct f
Customer
orm without lost any money ; because even if I found a new tenant the land lord doesn't give a chance to leave the contract? ( I suppose that for him is
Customer
convincente let me pay the rest of the months until the end of the leisure and find some one by his own )
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Debra, Expert

He does not have the right to unreasonable withhold consent to sublet.

If he does you cannot sue you successfully for the unpaid rent.

Customer
I can t leave the rent if he enter in the house with out any permission? If I find someone to sublet , how many days of notice I should give and what for
Customer
m to move my leisure to the new tenant I should fill out?
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Debra, Expert

Now but you can complain against him.

There is no specific notice requirement. But what you should do is tell him right away so he can decide about your subtenant and/or try to find his own.

Customer
I already asked to him but he refused ! So , at this point if I find some one and he refuse again can I leave the contract with any bad consequences?
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Debra, Expert

Yes so long as you have proof that he has refused you the right to sublet.

Customer
Ok , how I can prove that some one in interest in subletting My apartment? I suppose to make him fill some form? Any way to prove?
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Debra, Expert

Yes. Get something in writing and then show it to him.

I have to enter a meeting now but I will check back when I am done.

Customer
Ok thanks
Customer
As soon as I find some one subletting my apartment and he refuse to move my contract to the new tenant! In this case I ve the rights to leave the contrac
Customer
t, so how many days of writing notice I should give to the landlord before leaving?
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Debra, Expert

It doesn't matter as there is no law about this.

Customer
Good evening, I have texted to the landlord to assign the lease, he have replied No he doesn't t do that! The message is a clear prove that the landlord
Customer
refuse and I can go on with the N9 form? The text message have the same valence as a writing letter?
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Debra, Expert

But he doesn't have to agree to an assign the lease. He must agree to your subletting.

Yes you can go with the N9.

Customer
subletting I wanted to say
Customer
The phone message has the same value of writing letter?
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Debra, Expert

No it's not. Text is better than a phone message but you not really good enough.

You need to do this in writing on paper!

Customer
What about email?
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Debra, Expert

It's not good enough for legal documents.

Customer
The writing letter need. Certification for example a notary certification to be credible ?
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Debra, Expert

No that is not necessary.

Customer
Ok , but what about if he deny that on the letter was an assign request? He could say that on the letter was written something also! How can prove the truth?
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Debra, Expert

You would have to testify under oath.

Customer
In case we go to court?
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Debra, Expert

Yes.

Customer
Ok, In case he accept to assign the lease ; I should give 60 days notice and than find some one or I don t necessary need to give 60 days notice but just
Customer
find a new assignee?consequently when he get my lease I can leave?
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Debra, Expert

You don't need to give 60 days for the assignment of the lease.

You need the landlord's consent.

Then you have to pay rent until the new tenant does.

Customer
Ok , if the landlord says NO! I m allowed to send the N9 giving 30 days notice but in case I could stay in the house more than 30 days ? Or I should leav
Customer
e the accommodation within 30 days?
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Debra, Expert

If he says no you move out and let him try and get the rent from you.

If he tries you will contest by proving he refused to allow you to sublet.

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Debra, Expert

Is there anything more I can help you with at this point in time?

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