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
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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.
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
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?
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?
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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.