I signed a lease with three other girls at the beginning of January. One hasn't paid rent, and the building is

Hello..My name is ***** ***** I'm happy to assist you today with your question. I am a licensed Ontario lawyer who can answer landlord and tenant questions.

Can you tell me who your guarantor was and what date your lease ends ?

Did your roommates all have their own guarantor ?

Are you and your roommates all over 18 years of age ?

Legally, the lease is a binding contract on all of the parties who signed until the August 31, 2020. The landlord has the right to go after the tenants who are over 18 years of age as well as their guarantors if they tenants cannot pay for the rent owing.

However, because of the special situation we are under because of Covid-19, some landlords are being more lenient with their tenants and rent payments but the Ontario government has not implemented any clear policies allowing tenants to break their leases because of the pandemic.

If this was student housing, is your university or college involved or was it a purely private landlord ?

The landlord can legally pursue anyone who signs the lease and is over 18. Guarantors are like a back up.

Yes, I agree that a lot of tenants are going through hardship because of the pandemic through no fault of their own. Landlords though are also financially in a bind if they are not receiving rent but still having to pay mortgage and other expenses for their rental properties.

If you do nothing, your landlord may take legal action. You could try to mediate the situation, to find a compromise, by suggesting to the landlord that you pay for some of the months owing and he forfeit the rest.

If you do reach an agreement, it is best to get it in writing.

I would notify your roommate of your intention to do so before telling the landlord to do this to protect yourself from any liability.

If she does not respond, you could speak to the landlord about using the money he has from her deposit as well as deposits from you and your other roommates to cover the rent owing

Your landlord may sue you and your roommates and your guarantors. This may be difficult though if none of you live in Ontario

In that case, your landlord may choose to go after your roommates who live in Ontario because suing someone in another province is much more difficult and enforcing any court judgement is more cumbersome.

If your landlord still has the security deposits from all of you, he or she may just keep the money and decide not to sue.

Defending does not cost money. The person starting the claim has to pay a filing fee.

It is hard for me to project how many or who they would sue but your landlord would probably go after your roommates in Ontario first.

Your best defense is that self isolation policies mandated by the government forced you to vacate. It is up to the judge to decide whether this defense is sufficient to exempt you from paying the rent you owe up until August, 2020.

Glad that I was able help you with your question today. Feel free to ask follow up questions if you have them.

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