We have a tenant that has one year contract till July 2021. however, at the beginning of November, he told us that he

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Customer: hi, we have a tenant that has one year contract till July 2021. however, at the beginning of November, he told us that he wants to move out because he found a job in BC. but we told him that your contract is till the end of next June and until we can find someone to replace you, you are accountable for rent. once, he realized that we are aware of our rights as landlord and just giving us one-month notice is not enough, he planned to make up some excuse to break the contract. one of those excuses was that on Nov. 9th, he told us that there is a leaking in the bathroom. we told him that we need to check it first and then bring a plumber to fix it. long story short, on Nov. 12th we texted him in the morning that we need to have access to the unit the next morning to take a video and send for plumber. th next day on Nov. 13th, in the morning we contacted him by phone, text and rang the bell couple of times but no one answered. his car also wasn't park in front of house. all those put us under the impression that he is not at home and because we already sent him 24-hour notice by text, we entered the unit. after we took a video and quickly exit the unit as we rushed to work, he texted us that he was at home and we entered the unit while he was asleep. and now he use that as break in to his unit to be able to break the contract and get us to the court.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: it's in Calgary, AB
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: yes, checking the leaking
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The Tenant shall permit the Landlord or its agent or agents at all reasonable times and
upon not less than twenty-four (24) hours’ written notice (unless otherwise agreed to by
the Tenant) to enter upon the Premises between the hours of 8:00 am and 8:00 pm to
inspect the same, view the state of repair thereof, and make any repairs thereto for
which the Landlord is responsible, provided however in the event of a situation deemed by
the Landlord to be an emergency, the Landlord shall be immediately entitled to enter
upon the Premises.
Answered by Debra in 4 hours 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

He does not have grounds to set aside the lease on the basis that he was asleep when you entered. He was given 24 hours notice and in fact you were responding to his concerns or complaints. So I don't believe anyone at all is going to believe that his concerns are valid and he can't walk away from the lease unless he or you find a new tenant.

Does that clarify the law and fully answer your question?

Customer
Thank you
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Debra, Expert

You are very welcome.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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