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Early termination of rental contract

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NYY1
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Re: Early termination of rental contract

Post by NYY1 » Tue, 09 Apr 2024 3:17 pm

I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.

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Ganeshvaithi
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Re: Early termination of rental contract

Post by Ganeshvaithi » Tue, 09 Apr 2024 10:20 pm

NYY1 wrote:
Tue, 09 Apr 2024 3:17 pm
I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.
Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant

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Re: Early termination of rental contract

Post by NYY1 » Wed, 10 Apr 2024 4:56 am

Ganeshvaithi wrote:
Tue, 09 Apr 2024 10:20 pm
NYY1 wrote:
Tue, 09 Apr 2024 3:17 pm
I don't know how you can just "terminate" your contract, but go ahead if you think that's correct (and been advised so). I don't know the case law here.

I think most landlords would be happy to be made whole (economically) and the difference in rent would reflect the "loss." Still, I don't think tenants can just stop paying because they want to do something else.
Sorry, but it's not "just" terminating. As explained in previous posts, we have made all the possible proposals including finding a tenant at our own costs for same or more rent. LL simply denied everything. So there is no other way for me except for preparing myself for any possible legal actions from LL side. And as I mentioned it was clearly explained today by CJC that LL can demand either deposit or loss and definitely not entire rental amount. In case if LL is asking for entire remaining rental period, then she has to prove why couldn't get tenant
I'm not sure why the landlord has to accept your proposal; you signed a contract.

Anyways, the economic loss is the difference in rent (plus some costs), so I kind of see why that may be the amount a landlord can sue for. But if so, there's really no need for a diplomatic clause; if people need to leave the country they just move out and send a check for the top-up amount. Maybe that is the case.

Expect to get a repair bill equal to or exceeding your deposit. Plus, there's no guarantee they can find a tenant "suitable" for them. So the longer it is vacant, the longer you owe the full rent. If it is vacant, I would think you need to keep paying the full amount but check with someone or do as you please.

Let us know how it goes.

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abbby
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Re: Early termination of rental contract

Post by abbby » Fri, 12 Apr 2024 9:26 pm

What's the update on this? Would be interesting to know..
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majnjep
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Re: Early termination of rental contract

Post by majnjep » Thu, 25 Jul 2024 2:11 pm

What's the update on this? I've recently had the similar cases with landlord and very stressful

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Re: Early termination of rental contract

Post by LilacD » Mon, 09 Sep 2024 6:48 pm

Riding on this thread. I have a tenant that is breaking the tenancy agreement. They are a couple and the main tenant is moving out. The occupier doesn't want to move out and is not paying rent, what are my options?

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PNGMK
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Re: Early termination of rental contract

Post by PNGMK » Tue, 10 Sep 2024 7:56 am

LilacD wrote:
Mon, 09 Sep 2024 6:48 pm
Riding on this thread. I have a tenant that is breaking the tenancy agreement. They are a couple and the main tenant is moving out. The occupier doesn't want to move out and is not paying rent, what are my options?
Eviction and sue for unpaid rent. Alternatively negotiate a new contract with the remaining occupier as the main tenant.
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