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Tenant Issue - Advice

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  • Feb 14th, 2019 4:48 pm
[OP]
Jr. Member
May 12, 2003
175 posts
50 upvotes
GTA

Tenant Issue - Advice

Friend of mine has a condo, that he rented out for $1200ish per month. The tenant has been there for 3-4 years.

The Tenant gave notice at the end of December that they will be leaving at the end of Feb. So my friend went out and got a new tenant, who is now paying $1,900 (market rate).

The original tenant, now wants to stay and sign another 1 years lease at the historical $1,200 rate, whereas my friend is saying either No, its rented out to someone else, or you can rent it, but for the market rate of $1,900 now.

Original tenant is adamant, and is willing to pursue this to the LTB.

Thoughts/Advice?
37 replies
Deal Addict
User avatar
Jun 21, 2003
2697 posts
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Stoney Creek, ON
ssj4_ootaku1 wrote:
Feb 11th, 2019 9:25 am
Friend of mine has a condo, that he rented out for $1200ish per month. The tenant has been there for 3-4 years.

The Tenant gave notice at the end of December that they will be leaving at the end of Feb. So my friend went out and got a new tenant, who is now paying $1,900 (market rate).

The original tenant, now wants to stay and sign another 1 years lease at the historical $1,200 rate, whereas my friend is saying either No, its rented out to someone else, or you can rent it, but for the market rate of $1,900 now.

Original tenant is adamant, and is willing to pursue this to the LTB.

Thoughts/Advice?
Did the tenant provide the intent to vacate in writing? If so I don't think they'd have any means to fight it.

EDIT: And if your friend signed a new lease with the new tenant I don't think your friend can say to the old tenant "you can stay at the new rate" as they've signed a contract with the new tenant.
Deal Fanatic
Aug 14, 2007
9767 posts
1216 upvotes
Toronto
+1.

If the tenant gave notice in writing then that's their problem I'm pretty sure.

Now if it was a verbal statement, then it becomes a he said / she said type of thing and may be harder to fight.
Deal Guru
User avatar
Feb 11, 2007
10684 posts
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Oakville
Hopefully it's in writing. Sounds like a dumbass tenant who was late to realize they have a great deal.
Deal Guru
Jun 26, 2011
12062 posts
2313 upvotes
Markham
He would be smarter to not offer anything to the old tenant at any rental rate. He gave notice and he is out. Offering to him again in this situation at a higher price will only bring problems. Tell him he needs to be out by the agreed date and if he pursues with LTB he will be out of luck. He chose to leave on his own.
Deal Fanatic
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Dec 27, 2009
6603 posts
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Ottawa, ON
Was this notice done in writing? If not, your "friend" was pretty naive and should have demanded something in writing. Do they have any proof that notice was given? I'm thinking not, or else this whole thread is pretty pointless (why would they even be asking about this if they had written notice?).
Deal Expert
Aug 22, 2011
27575 posts
13501 upvotes
Ottawa
Tough situation, thus why I've previously left a one month gap before signing a new tenant.
Deal Addict
Mar 21, 2010
4470 posts
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Toronto
Chickinvic wrote:
Feb 11th, 2019 10:20 am
Was this notice done in writing? If not, your "friend" was pretty naive and should have demanded something in writing. Do they have any proof that notice was given? I'm thinking not, or else this whole thread is pretty pointless (why would they even be asking about this if they had written notice?).
If it's not in writing then the landlord is doubly screwed... firstly the existing tenant will probably deny everything and get to stay month-to-month at $1,200 (plus a tiny percentage), and secondly, the new tenant expects to move into his new home in 2 weeks and is probably going to demand damages if he can't, he has a contract after all.
[OP]
Jr. Member
May 12, 2003
175 posts
50 upvotes
GTA
Yes, everything was written in writing.

My friend wanted to keep the existing tenant because they've had a good relationship and have been a decent tenant. Changing to new tenants may bring new issues (or not, but that's a risk).

I'll advise my friend to just say you've given notice and I've already signed a new lease, to keep it simple.
Jr. Member
Aug 23, 2017
166 posts
113 upvotes
ssj4_ootaku1 wrote:
Feb 11th, 2019 11:45 am
My friend wanted to keep the existing tenant because they've had a good relationship and have been a decent tenant. Changing to new tenants may bring new issues (or not, but that's a risk).
If the original tenant is willing to go to LTB, I guess the good relationship is out of the window.

Since your friend has everything in writing, I'd agree with the other posters here to stick to his original demand. Move out or pay 1900.
Deal Addict
Nov 2, 2011
2429 posts
966 upvotes
I'd go with the new tenant, $600 a month is a huge difference
Deal Addict
Mar 21, 2010
4470 posts
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Toronto
kgvaughan wrote:
Feb 11th, 2019 12:19 pm
If the original tenant is willing to go to LTB, I guess the good relationship is out of the window.

Since your friend has everything in writing, I'd agree with the other posters here to stick to his original demand. Move out or pay 1900.
Don't offer to let them stay for $1,900. Reason being that (a) you can't, since someone else already has a contract to move in for $1,900, and (b) this is what's probably causing problems, because from the tenant's perspective it looks like a cash grab - "I'll let you stay, but you have to pay more". Tell him sorry, but after you gave notice I found someone else, and they're moving in. End of story.
Deal Guru
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Mar 9, 2007
10802 posts
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Think of the Childre…
Too bad, so sad for the current tenant. Say hello to the new tenants!

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Addict
Nov 24, 2004
3779 posts
466 upvotes
Toronto
ssj4_ootaku1 wrote:
Feb 11th, 2019 11:45 am
My friend wanted to keep the existing tenant because they've had a good relationship and have been a decent tenant. Changing to new tenants may bring new issues (or not, but that's a risk).
Changing to a new tenant may bring new issues, but going back to offer the place to the old tenant will almost certainly bring a new issue, in that the new tenant will take your friend to the LTB for backing out of a lease a few weeks before it is due to start.

Does your friend feel strongly enough about the old tenant that he is willing to be dragged to the LTB and possibly pay for temporary accommodation costs for the new tenant that he screwed over?
Deal Addict
User avatar
Jan 9, 2011
4778 posts
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Vancouver
How could the old tenant possibly have a winnable case at the LTB? He gave his notice in writing, the landlord got a new tenant. All above board. The old tenant can't change his mind and return to rent the unit at any price, least of all the old price. What is your landlord friend worried about here?
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