Help! Dispute with Land Lord... (rented house)

[Phuz]

Myself and 3 other individuals are currently living in a 2 year old, 4 bedroom house.
Our lease was signed in Oct 1st, for 6 months, leaving us still quite a while left to stay here.
Despite my wishes, we are going to have to opt out of the lease and leave the area. (work related reasons)

I gave my landlord 30 days notice, and apologized profusely about the inconvenience.. etc, and she seemed ok with it.

Now, a week later.. she comes to my work place (grrr) and tells me that she isn't ok with it, and if we are moving out at the end of this month, we'll have to be paying rent for the house until the end of the lease. She?s been great to us throughout our stay , flexible, accommodating.. but not anymore. This, on top of an enormous hydro bill (heating with hydro) has left me very flustered.

We know many people who would love to take over the house for us, but she doesn't want to sublet anyone in, and she really doesn?t' want to continue renting it. It is now for sale. She is also denying that I gave her 30 days notice.

I understand the commitment I made when signing into the house for 6 months, but, I can't control all the circumstances taking place around me, and I have to leave. I have a better work opportunity in another location, as do the other people I'm living with. So, how can I legitimately break the lease? I'm 20, btw, if that helps.

TIA.

Andrew

edit: located in British Columbia.

 

[EagleKeeper]

If you can find other people to take over the lease (documented) and the landlord refuses to rent the house, then you should not be considered liable for the rest of the lease.

For legal options, see some-one else who is qualified

 

[DevilsAdvocate]

Originally posted by: EagleKeeper
If you can find other people to take over the lease (documented) and the landlord refuses to rent the house, then you should not be considered liable for the rest of the lease. For legal options, see some-one else who is qualified

Landlord tenant law varies WILDLY from place to place.

Talk to a lawyer licensed in BC.

 

[maziwanka]

in the title it says Land Lord. hahaha.

 

[PanzerIV]

I wonder why she so suddenly changed her tune. She went from accomodating to your worst nightmare in a week. There's obviously something behind her shift in attitude and I hope you find out what it is. Good luck to and your roommates.

 

[conjur]

Try here...dunno if it covers tips for Canada or not:

http://www.aptrentersresource.com/phpbb2/index.php

 

[Flyermax2k3]

::sigh:: if I only I had a hydro bill :evil:

 

[Phuz]

Her change in tune was due to the fact that someone informed her that she could legally get rent from us, regardless of whether or not we were staying. She's not the brightest lady in the world.

 

[Aquaman]

Tenancy Rights Action Group

BC Hosuing

Did you give the notice in writing? You should have given the notice in writing and sent registered mail.

Cheers,
Aquaman.

 

[Carbo]

I gave my landlord 30 days notice,

If it wasn't in writing, that 30 days notice doesn't exist in the eyes of the law. Also, what does your lease agreement state regarding breaking of the lease and liability as a result of breaking it?
Generally, and I can't say specifically for BC, if a tenant breaks a lease agreement, they are responsible for all due rents through the end of that agreement. However, the landlord is required to mitigate her losses and damages by making a legitimate effort to find a new tenant. For example, if two months rent was lost as a result of you up and leaving, and it legitimately took that long to find a new, qualified tenant, then you are on the hook for those two months plus her expenses in finding that new tenant.

We know many people who would love to take over the house for us, but she doesn't want to sublet anyone in

She has no choice in the matter. Again, I don't know the law for your area, but generally the landlord must make the effort to locate a new tenant. Sitting on her couch for three months saying she was harmed by your breaking the lease agreement won't cut it legally in most places.

So, how can I legitimately break the lease?

You can't. When you sign your name to a legal document you must be prepared to honor the terms within it. Or, face the consequences.

 

[Phuz]

Thanks aquaman.

If it wasn't in writing, that 30 days notice doesn't exist in the eyes of the law. Also, what does your lease agreement state regarding breaking of the lease and liability as a result of breaking it?

Not true. A verbal agreement is just as legally bindings as a written, providing there are witnesses.

You can't. When you sign your name to a legal document you must be prepared to honor the terms within it. Or, face the consequences.

Not true.

She has no choice in the matter. Again, I don't know the law for your area, but generally the landlord must make the effort to locate a new tenant. Sitting on her couch for three months saying she was harmed by your breaking the lease agreement won't cut it legally in most places.

Not true.

Anyone else?

 

[Yossarian]

wtf is the point of asking for advice when you just naysay everyone?

bottom line, you're screwed.

 

[Phuz]

PipBoy, shush. I contradicted the advice of one person. Why? Because obviously I've had to research the issue quite thoroughly. What I've been able to learn thus far goes against much of what Carbo has said.

 

[Wuffsunie]

How far away are you moving? And how far do you think she'd take things if you flat out refused to pay? If she's selling and getting out of the rental business (?) she might not be anxious to presue long distance litigation.

Of course that's an extreme measure. Try and talk to a laywer first.

 

[Amorphus]

Get her to evict you.

 

[waggy]

Originally posted by: Phuz
Thanks aquaman.

If it wasn't in writing, that 30 days notice doesn't exist in the eyes of the law. Also, what does your lease agreement state regarding breaking of the lease and liability as a result of breaking it?

Not true. A verbal agreement is just as legally bindings as a written, providing there are witnesses.

actually that depends on where you live. Witnesses arent always good. if its important get it in writing.

You can't. When you sign your name to a legal document you must be prepared to honor the terms within it. Or, face the consequences.

Not true.

She has no choice in the matter. Again, I don't know the law for your area, but generally the landlord must make the effort to locate a new tenant. Sitting on her couch for three months saying she was harmed by your breaking the lease agreement won't cut it legally in most places.

Not true.

again depends on the area. if you giver her 30 days notice and move out the landlord MUST make a good faith effort to find a new roomate. She CANT sit on her couch eating bon bons wont cut it. She has to make a effrot to mitagate her losses.

Both my parents and my in-laws are landlords. so yes i do know a little bit about what i am talking about.

 

[Nutdotnet]

You signed the lease. You are legally obligated to pay rent for the duration of the lease. And yes, the landlord must make a legitimate effort to find new tenants, but if it takes her two months to find one YOU have to pay the rent for those two months.

About subletting-

What does the lease say? Some leases have provisions on subletting. If there is nothing in the lease about subletting I "think" it is at the landlord's discretion to allow you to sublet the place. After all, it is HER place.

What do you think leases are for? They are for security. For the tenant AND the landlord.

 

[waggy]

Originally posted by: Nutdotnet
You signed the lease. You are legally obligated to pay rent for the duration of the lease. And yes, the landlord must make a legitimate effort to find new tenants, but if it takes her two months to find one YOU have to pay the rent for those two months.

About subletting-

What does the lease say? Some leases have provisions on subletting. If there is nothing in the lease about subletting I "think" it is at the landlord's discretion to allow you to sublet the place. After, it is HER place.

What do you think leases are for? They are for security. For the tenant AND the landlord.

yeah if she cant find anyone (has to have proof though heck add in thepaper is enough) you are liable.

Some states allow subletting. even if the landlord or lease say otherwise. you have the right to reduce your damages by doing it.

 

[Nutdotnet]

Originally posted by: waggy

Originally posted by: Nutdotnet
You signed the lease. You are legally obligated to pay rent for the duration of the lease. And yes, the landlord must make a legitimate effort to find new tenants, but if it takes her two months to find one YOU have to pay the rent for those two months.

About subletting-

What does the lease say? Some leases have provisions on subletting. If there is nothing in the lease about subletting I "think" it is at the landlord's discretion to allow you to sublet the place. After, it is HER place.

What do you think leases are for? They are for security. For the tenant AND the landlord.

yeah if she cant find anyone (has to have proof though heck add in thepaper is enough) you are liable.

Some states allow subletting. even if the landlord or lease say otherwise. you have the right to reduce your damages by doing it.

Someone who sounds like he knows what he's talking about!

Do you know what the word on the 30-day notice is? Does it HAVE to be in writting or can it be verbal with witnesses?

 

[waggy]

Originally posted by: Nutdotnet

Originally posted by: waggy

Originally posted by: Nutdotnet
You signed the lease. You are legally obligated to pay rent for the duration of the lease. And yes, the landlord must make a legitimate effort to find new tenants, but if it takes her two months to find one YOU have to pay the rent for those two months.

About subletting-

What does the lease say? Some leases have provisions on subletting. If there is nothing in the lease about subletting I "think" it is at the landlord's discretion to allow you to sublet the place. After, it is HER place.

What do you think leases are for? They are for security. For the tenant AND the landlord.

yeah if she cant find anyone (has to have proof though heck add in thepaper is enough) you are liable.

Some states allow subletting. even if the landlord or lease say otherwise. you have the right to reduce your damages by doing it.

Someone who sounds like he knows what he's talking about!

Do you know what the word on the 30-day notice is? Does it HAVE to be in writting or can it be verbal with witnesses?

a 30-day lease does NOT have to be in writing. Heck we would give out a written 30 day lease ONCE and let them live there until we got tired of them or they got tired of living there.

 

[Carbo]

Originally posted by: Phuz
PipBoy, shush. I contradicted the advice of one person. Why? Because obviously I've had to research the issue quite thoroughly. What I've been able to learn thus far goes against much of what Carbo has said.

Phuz, no offense, but you are agreeing with what you want to believe is true. As a real estate investor and landlord, and having been involved in about three hundred real estate transactions in a 14 year career, I have some idea of what the law is and isn't. Now, I do not know the specifics of the agreement you signed with the landlord, nor do I know the specifics of the local code in your community. That said, I wasn't offering specific legal advice. But, for you to dismiss out of hand what I did say tells me you are grasping at straws. I mean, if you're so certain of the answers and the outcome, why the post in the first place?
For starters, whoever told you a verbal agreement is legally binding because you bring a friend along to corroborate your story is not doing you a service. What do you thing a judge will say when you and your bud say one thing, and the landlord says something contrary. He's going to dismiss what you are saying and ask to see what the written contract states.
You also stated that it's "Not true" when I replied that if someone signs a legal document they are bound by the terms of that agreement. Not true? What legal wiz gave you that advice??
Again, the bottom line is be careful what you sign your name to. And, when you do, be prepared to honor that agreement or accept the fallout from not doing so.

 

[wyvrn]

In Texas, the current tenant is liable for all rent and utilities until a new tenant is found. Owner's cannot refuse to replace the current tenant with any qualified new one that is found, whether by the owner or the current leaving tenant. So if my friend "Joey", who has a good rent history and job, wants to take over my lease, the landlord cannot disallow it. Alternatively, if the apartment owner has to find the replacement, I believe they can charge a fee up to, but not exceeding, one month's rent to cover their costs (like advertising, etc...) of locating the new tenant. Ideally, you would want to find a suitable replacement and bring them to your apartment manager, but I don't know if the laws in BC are the same as here.

 

[cavemanmoron]

Talk to a lawyer licensed in BC.

 

[Phuz]

Carbo, I believe what the BC landlord/tenant act says, not what I want to believe.
I'm a pessimistic realist. I don't live my life on hopes and dreams. Get it? Got it? Good.

You also stated that it's "Not true" when I replied that if someone signs a legal document they are bound by the terms of that agreement. Not true? What legal wiz gave you that advice??

If said property does not adhere by the terms and conditions of the lease, that lease can be broken. Take that for what you will.

 

[Phuz]

But, for you to dismiss out of hand what I did say tells me you are grasping at straws. I mean, if you're so certain of the answers and the outcome, why the post in the first place?

Just because I'm disregarding some of your advice doesn't mean I don't appreciate the advice of others.
Also, just because you provide an answer doesn't make it relevant.