We are students in Canada but we are from Ukraine and because of covid-19 we have problems with money and we had to move

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Customer: Hi, we are students in Canada but we are from Ukraine and because of covid-19 we have problems with money and we had to move back to Ukraine and stop education. We have contract with building for a year and the Landlord does not care about our situation with money and we still need to pay full rent and utilities for this apartment.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ontario, Toronto
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: It is contract for a year (until April 30)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is it possible to end contract or even pay less because it is to hard for us pay this money every month?
Answered by JJL11 in 2 hours 1 year ago
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JJL11, Expert

Hello – My name is ***** ***** I’m happy to assist you today. I am an Ontario lawyer who is able to answer tenancy law questions.

I am sorry to hear about this situation.

Have you moved back to the Ukraine now ? Has the landlord been contacting you about the lease even though you are not in Canada ?

Customer
we are already two months in Ukraine, and still trying to find people who can take over our lease. We even found a few people, but lease manager response takes always 3-4 days and all of this people found other apartments during this 3-4 days.
We already payed full price for a months(almost two) + utilities even we are not living there. Landlord doesn't do anything and the only advice we heard from them its to find other people.
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JJL11, Expert

Thank you for this additional information.

Since it sounds to me like your landlord is not cooperating with your attempts to get a sublet tenant or someone to assign you lease to, you can use this reason to file an A2 Application About a Sublet or Assignment to the Ontario Landlord and Tenant Board to terminate the tenancy because your landlord is arbitrarily or unreasonably withholding consent to possible candidates you find by delaying in replying and not cooperating. The Application can be filed by fax and a hearing is scheduled by video due to the COVID 19.

Here is the link the Landlord and Tenant Board's website which has the A2 form

https://tribunalsontario.ca/ltb/forms/

Hope this answers your question.

Customer
We can not say that a landlord not cooperating with us at all. The problem is that everyone who we are trying to apply to take over our lease have to wait about a week for reply and people just think that they weren't approve and this cause people to look for other options and change their mind.
We don't want to get any problems to landlord.
In a first place we would like to know if there is any way to ask for at least half price payment. Because it is hard times for everyone and we are just not able to pay that much now, so we even moved back to our home country.
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JJL11, Expert

I see - What method are you using to continue to pay your rent ? Have you ask your landlord for a rent reduction while you try to find a new tenant to take over your lease ?

Customer
We using one-time payment each month. We asked about it in December but they said that they can not decrease price even while we are trying to find new tenants.
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JJL11, Expert

Since you are not in Canada, finding a sublet tenant or assignee will be harder if your landlord is not cooperating. Legally, your landlord does not have to accept less rent from you due to the pandemic but some landlords are willing to negotiate . However it sounds like yours is not .

I would suggest that you ask your landlord if he is willing to accept perhaps 2 months rent to let you out of the lease. if he does not accept this offer and you stop paying rent because you have no money, your landlord may file a legal civil claim against you in Small Claims Court for the rent you owe for the duration of the lease.

Since you are not in Canada, he may win by default if you do not respond to the action but he will have a hard time enforcing this order against you because you are not in Canada. A civil court order will not affect your future immigration to Canada.

Customer
Thank you for your help
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JJL11, Expert

You are very welcome. I am glad I was able to help.

Thank you for using JustAnswer.

All the best

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