Home & Garden

Lease question - Takeover related...

  • Last Updated:
  • Mar 11th, 2011 12:41 pm
Tags:
[OP]
Deal Addict
User avatar
Dec 19, 2007
1598 posts
259 upvotes
Toronto

Lease question - Takeover related...

I have a friend who is on a month to month (finished her year lease) with her roommate in a house downtown. Her roommate informed her recently that she is moving out in a few months. My friend is wondering what her options are (she also might be getting a condo herself, but she is wondering about her current situation). The roommate who is moving out has not given the landlord 60 days notice yet.

She has another friend who she thinks would be willing to take over her previous roommates rent. My friend does not however want to sign a new contract (she co-signed with her roommate who is moving out), because of her potential condo buying situation and that her potential new roommate may be looking for a job outside of Toronto.

They have been in this house for a number of years with no issues on either end. She also says the landlord is fairly lax...

Scenarios...

a) Approach landlord saying that one person is moving out, and that they have another person willing to takeover their portion of the rent. If the landlord wants them to sign a new 1 year contract because one of the co-signers is leaving, then my friend won't do it and will give her 60 days notice as well.
b) Have the friend move in anyway and pay the leaving parties share of the rent. Do not inform the landlord of this, and should something arise and the landlord doesn't like it they again will give 60 days notice. My friend would simply pay the full rent and the new person would pay her.
c) Roommate gives 60 days notice, friend tells landlord that she'll takeover the full rent as long as it stays month to month. She then rents out room to her friend... If landlord doesn't agree then 60 days notice for all.

Basically she wants to stay there for now, has a potential person that can step in to share rent, but wants to stay month to month for various reasons...

Any experience with this? Are any of the scenarios that will work?
4 replies
Deal Guru
User avatar
Jun 12, 2007
14816 posts
4095 upvotes
London
The lease changes automatically to a month to month rental agreement at the end of the lease period. You don't have to sign a new lease (although the landlord may ask to to sign a new rental agreement for month to month).

Just have the old room mate taken off the rental agreement and put the new room mate put on. The new room mate might have to pass a credit check and be otherwise acceptable to the landlord.

The last remaining room mate on the rental agreement would give the 60 days notice when they are ready to move out.
Sr. Member
Sep 19, 2009
796 posts
11 upvotes
Toronto
Approach your landlord, tell him the situation.

The new person will have to be verified by the LL. If he/she does not pass the LL's criteria, then the LL will find a new tenant.
Deal Addict
User avatar
Apr 30, 2009
2422 posts
786 upvotes
If your friend has been a good tenant I suggest contacting the landlord and explaining the situation.

If your friend's friend who is moving out is still on the lease, they are still responsible for the apartment (damages, rent) unless they formally ask to end their tenancy. Will they be fine having responsibility without living there?

You can request your landlord sign a new "month by month" lease with you and your new friend signing, ending any liability for your former housemate.

Top