A second-year international student from uwo, I have met some rental disputes and I would like to ask for some advice.

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Customer:

Hi, my name is Zuozi *******, a second-year international student from uwo, I have met some rental disputes and I would like to ask for some advice. Here is the thing, I have signed a one-year lease with A and B starting in May 2019 and ended on April 30th, 2020. Due to the family problem, A cannot afford the rent anymore, so C has takeover A's lease from September 2019 to April 30th, 2020, and both of me and B agree with the takeover. I plan to leave after the one-year lease ended so I have sent a 60-days written notice to the apartment manager Alyson in February that said I am going to leave and not going to renew the lease. Two of my roommates: B and C said that if I didn't find anyone takes over my lease, we could leave together. Then I find D to take over my lease, starting in May 2020 and it is a one-year lease, and both B and C agree with that. The manager also said that if we didn't renew the lease, this lease will turn to a month-to-month lease. Therefore it turns to a strange situation, D's contract is one-year, but B and C's contract is month-to-month. However, after D is signed the contract, B wants to leave after the lease is ended, and B sends a notice to the manager. This time is another manager's reply, named Catherine. Catherine said that if she wants to leave, she must get permission from A and me. Therefore, we realized that C didn't sign the contract and A's name is ***** ***** the contract. And Catherine even didn't know I already transfer my lease to D, so I send D's contract to her and gives B permission that B could leave after the lease is ended. After that, C also choose to leave. Then I am confused about the situation of D's contract, so I told D to ask Catherine as quickly as possible. Now Catherine told D if D choose to continue her lease, she would need to pay the rent of the entire apartment, if D choose to leave, she must pay the rent of one month of her room. D thinks it is the responsibility of Catherine and me while both of us didn't tell her any problem of my contract and she would like to sue us for fraud if she cannot get her deposit back. Am I responsible for this problem? What could I do to solve this problem? Thanks for your help. I am looking forward to your reply. JA: Because laws vary from place to place, can you tell me what state the property is in? Customer: London, Ontario JA: What are the terms of the lease? Any issues related to maintenance or upkeep? Customer: I have my contract and D's if you needed I would send them to you JA: Anything else you want the Lawyer to know before I connect you? Customer: Nothing else

Answered by Debra in 7 hours 2 years ago
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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 a lawyer in Toronto and happy to help but your post is a bit difficult to follow.

Can you please start again and at least divide it up into many paragraphs and perhaps could you use names instead of letters because it's so hard to follow. I just need first names or even made up names. Thanks
Customer
Hi, sorry for the misunderstanding. I'll try to write it agaim
Customer
Hi, Debra, my name is***** a second-year international student from UWO. You could call me Zuozi, here is the thing.
Customer
I have signed a one-year lease with two of my roommates: Jia and RuTian, it was starting in May 2019 and ended on April 30th, 2020.
Customer
This is a three bedrooms suit and we did not share our bathroom or bedroom with the landlord, and our three names are ***** ***** contract, so I thought it would be a joint lease.
Customer
Due to some family problem, Jia cannot afford the rent anymore, so Helen has takeover Jia's lease from September 2019 to April 30th, 2020. RuTian, I, and manager Alyson all agree with the takeover.
Customer
I plan to leave after the one-year lease ended so I have sent a 60-days written notice to Alyson in February that said I am going to leave and not going to renew the lease.
Customer
Helen and RuTian said that if I could not find anyone takes over my lease before the end of February, we could leave together when the lease ends
Customer
Alyson also said that if we did not give him any reply to leave or renew, our contract would turn to a month-to-month lease. Helen and RuTian think it is Okay, they did not want to sign another contract, they could just renew the lease for 12 months.
Customer
Then I find Ruiqiu to take over my lease, starting in May 2020 and it is a one-year lease, and both Helen and RuTian agree with that, they send the permission to Alyson. Alyson also receives Ruiqiu's contract and get her one-month security deposit. I did not mention that is a strange situation, why Ruiqiu's contract is a one-year fixed lease, but Helen and RuTians' did not.
Customer
However, after Ruiqiu signed her contract. In March 2020, RuTian wants to move out at April while she cannot find anyone to take over her lease, she told Helen and me that she will just leave and will not pay the rent after April. And she sends her notice to Alyson.
Customer
But it is not Alyson's reply, the response is from another manager, Catherine. Catherine said if RuTian wants to move out, she will need Jia and me to agree with that.
Customer
I did not know the exact date for when did RuTian gives her notice to Alyson, I thought it would be the end of March, cuz RuTian told me that Catherine needs the permission from Jia is on April 13
Customer
Then we realized Helen did not sign the contract, so Jia's name is ***** ***** the contract. I also send Ruiqiu's contract to Catherine and I also give Catherine permission that RuTian could leave. Jia did it too.
Customer
Jia and RuTian also agrees that I could transfer my lease to Ruiqiu, Helen said if RuTian wants to move then she will move too, so she also sends the notice to Catherine. Therefore it turns to be like Ruiqiu will pay the rent of an entire apartment. I feel like it is so strange, so I told Ruiqiu to ask Catherine as quickly as possible.
Customer
Catherine replies that if Ruiqiu wants to leave, she could leave, but she will need to pay an extra one month's rent for her room. Ruiqiu said that she did not know anything before she signs the contract, so she thinks she is cheated by us and wants to sue Catherine and me for fraud if she needs to pay extra rent and cannot get her security deposit back.
Customer
I am still confusing now. What could I do to solve this problem? Am I responsible for Ruiqiu's rent?
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Debra, Expert

Please confirm that there is just one lease with all three of you on it rather than all three of you having your own individual leases please?

Customer
I am not sure. I think it is one lease with all three of us. I have all the contracts here if you need them I would like to send them to you.
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Debra, Expert

I cannot read contracts.

Let me explain the law. You do not share a kitchen with the landlord so you and your roommates are protected by the residential tenancy act with respect to the landlord. So all of you have to follow the act and your lease.

When you sublet or when there are roommates on the same lease your rights between the roommates are different. You share a kitchen so you are not covered by the Act.

When you are on the lease you are liable to your landlord. If a subtenant breaches their obligations to you, you can sue them. But if they don't pay the rent and you are still on the lease the landlord will go after you.

Once you are removed from the lease you are free.

If you were honest with your subtenant or the tenant who took over the lease (if the lease was assigned) they cannot sue you successfully.

But you didn't have the right to end your fixed term lease earlier. So if the rent goes into default no matter what the deal was with all the tenants the landlord can come after you for that missing rent. You would then sue the tenant that owed you the money.

Does that help clarify the law?

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
Thanks for your quick response. It gives me a lot of help. I do have some questions.The manager told me that I am removed from the lease. The tenant who took over my lease (and yes the lease was assigned) said it is my fault that I did not clarify two of my roommates want to move out before she signed a fixed year contract, and it leads her to get financial loss.And I did not have too much evidence to support I did not know these, if Ruiqiu wants to get small court claims, am I still responsible for that?
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Debra, Expert

As the lease was assigned you are not liable to the landlord.

If you mislead the new tenant then she can sue you in small claims court successfully.

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