(2) A lease agreement can only be amended to add, remove or modify a term other than a standard clause, if the landlord and tenant agree to the change. 92 The Frustration Contracts Act and the Doctrine of Contract Frustration apply to leases. (k) leases, rentals or residential real estate. Depending on the situation, a subletting or assignment may be an alternative to the termination of the lease. A sublease occurs when a tenant temporarily moves and leases his unit to a subtenant until his return, also known as subletting. Before considering subletting, check your lease and talk to your landlord for a written agreement. If you sublet your rental unit, you retain all rights and obligations related to this lease. It was a better result than the last time we had an audience. Our tenants broke their lease and we lost several thousand dollars because we had some work to do on the property to repair their damage and we lost rental income.
Despite the fact that they broke their lease and had a rent cheque that was jumping, we could not keep a penny of their deposit. I`ll tell you more in a minute. 2 (1) Despite another order, but subject to Section 4 [to which this Act does not apply], this Law applies to leases, rental units and other real estate. If you move before the end of your temporary rent, often referred to as a “rent break,” your landlord may be entitled to some money based on the amount of rent he has lost and the reasonable effort he has made to find a replacement tenant. The amendment to the law applies to new and existing leases. This means that the “exit clause” cannot be applied by the lessor unless an existing fixed-term lease is a sublease contract or has been entered into for a purpose under section 13.1 of the Residential Lease Regulations. If you move before the lease is entered into without legal reason, you will break the lease. You can expect your landlord or property management company to follow you for rent, advertising, damages and more. The costs of breaking a lease could cost you thousands of dollars and should be thoroughly checked before using it. It doesn`t matter if a tenant violates the lease in six different ways – it`s 100% your responsibility to prove that you did everything in your power to reduce the damage.
And it is 100% your responsibility to follow the rules of the rent law. Tenants are not expected to know the law, but it is you. The two main problems were not forcing them to put their message in writing (they texted us their message, but there was an ambiguity) AND we didn`t use the correct notification forms from the beginning when the rent jumped, the rent was broken and other problems arose. Because we didn`t follow the rules for the little things, we couldn`t get judgment on the big things.