Real Estate

Can the Landlord back out from a signed lease before the start?

  • Last Updated:
  • Jan 10th, 2018 6:33 am
[OP]
Jr. Member
Dec 20, 2009
190 posts
12 upvotes
Mississauga

Can the Landlord back out from a signed lease before the start?

Can the Landlord back out from a signed lease before the start?

There is nothing about cancellations in the agreement. The lease is month - to month. 21 days before the start.

What is the best way to cancel the lease?
10 replies
Deal Addict
May 12, 2014
1784 posts
1211 upvotes
Montreal
Depends on the province.

Depends on the reason.
[OP]
Jr. Member
Dec 20, 2009
190 posts
12 upvotes
Mississauga
The province is Ontario. The reasons are potential house sale in near future and other family related reasons.
Member
Aug 14, 2007
422 posts
174 upvotes
Ottawa
Bronson Charley wrote:
Jan 9th, 2018 1:21 pm
The province is Ontario. The reasons are potential house sale in near future and other family related reasons.
"sale in near future"? are you actually put your property in to market now? if you do, shows it to tenant, and they will leave you alone.
Deal Addict
May 12, 2014
1784 posts
1211 upvotes
Montreal
Bronson Charley wrote:
Jan 9th, 2018 1:21 pm
The province is Ontario. The reasons are potential house sale in near future and other family related reasons.
Then I believe that the answer is no.
Deal Fanatic
User avatar
Mar 23, 2008
8750 posts
5271 upvotes
Edmonton
I think you run the risk of being sued. You have a contract (lease agreement) with a tenant, and you're expected to abide by it. Selling the house is not a valid reason for terminating a lease once it's in effect; you have to have a buyer with an clear offer (no remaining conditions) who intends to take the property for their personal use.

You could try contacting your local LTB office, or the main numbers. But bear in mind that just because the LTB says they don't have authority over it (don't know if they will or not) doesn't mean you're in the clear. You could be sued in small claims court by the tenant if it's not an LTB issue.

ETA: You could (as mentioned above) let the tenant know that you intend to sell the property in the near future. That may make them want to get out of the lease due to the uncertainty of the next owner's purpose. If you're lucky, they want to end it, you want to end it, and the agreement can be terminated without any issues. But if THEY want to take the lease still, that's where your headaches begin.

C
[OP]
Jr. Member
Dec 20, 2009
190 posts
12 upvotes
Mississauga
Thanks, I thinks it is best if the landlord discusses this with the tenant
Deal Fanatic
User avatar
Mar 23, 2008
8750 posts
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Edmonton
Bronson Charley wrote:
Jan 9th, 2018 3:10 pm
Thanks, I thinks it is best if the landlord discusses this with the tenant
Communication is often a good starting point...

C
Deal Addict
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Mar 23, 2003
3372 posts
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Hamilton
Does the 10 day cooling off period apply to a rental agreement?
Deal Addict
May 12, 2014
1784 posts
1211 upvotes
Montreal
sidshock wrote:
Jan 10th, 2018 12:37 am
Does the 10 day cooling off period apply to a rental agreement?
Certainly not in Quebec. I doubt it would in Ontario.

In any event, where there is a 10 day period, it's usually not applicable to the "seller" (landlord here), only to the"consumer" (tenant).

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