• Last Updated:
  • Jun 7th, 2019 12:00 pm
Tags:
[OP]
Newbie
Nov 20, 2013
49 posts
16 upvotes

Lease break

Hey RFD,

I was wondering what happens when a tenant breaks a 1 year lease?
What happens to their last months rent.? A tenant of mine Is breaking the lease 6 months in and wants to use their last month deposit .

On the government provided lease agreement it even says I would need a 60 Day notice...
7 replies
Member
Oct 21, 2013
214 posts
80 upvotes
waterloo, on
So technically, a tenant cannot break a lease. If they do, you can sue them in small claims court and ask for the rent owed for rest of the year.

But is it worth your time ? Can you ask him to find a sublet ? Or can you find a new tenant yourself quickly ?
Royal LePage Realtor
Serving Kitchener/Waterloo/Cambridge/Elmira/Guelph and surrounding cities
Deal Addict
Mar 27, 2004
3896 posts
1405 upvotes
Toronto
You can get a court order. garnish their wages.
Full-time Realtor
Penalty Box
Aug 11, 2005
4175 posts
1410 upvotes
oasis100 wrote: You can get a court order. garnish their wages.
Lol good luck
Political avatars and signature are not permitted.
Deal Guru
Feb 29, 2008
10816 posts
6032 upvotes
How well did you screen this tenant?
Jr. Member
Jan 8, 2011
121 posts
75 upvotes
Ottawa
You're better off starting by sending a lawyer's letter to this tenant, threatening legal action, rather than taking formal steps. Hopefully he can give an extra month's rent and you can find a new tenant.

In your favor, the rent may have gone up in your area during the past 6-12 months.
Sr. Member
User avatar
Jul 20, 2003
934 posts
61 upvotes
Surrey
I am on exact same situation . Tenant leaving end of June but i found a new tenant moving in on July 15Th. So I assume the old tenant is responsible for the 15 days that I got vacant? Anything else I can get compensated for? I did spend money advertising and screening of new tenants.
Jr. Member
Nov 14, 2016
147 posts
85 upvotes
Toronto
If they broke the lease, technically they are responsible to pay you for the remaining part of the lease but like others have mentioned, you will have to go to the court so you will have to decide if it is worth it for you. It also depends on what kinda relationship you had with the tenant and the reason why the tenant is breaking the lease.

I would say talk to them and explain them their legal obligation and tell them that if you are not able to find a tenant for the month after they leave, they should pay the difference so that you don't lose any money due to them breaking a contract or else you will have to take the legal route.

Top

Thread Information

There is currently 1 user viewing this thread. (0 members and 1 guest)