Real Estate

Tenant Lease Assignment - Rights for Assignee

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  • Jun 11th, 2019 5:29 pm
[OP]
Newbie
Aug 23, 2018
8 posts

Tenant Lease Assignment - Rights for Assignee

Hello Friends,
i am renting in a condo and recently my landlord sold this unit and i was looking for another apartment/condo.
Luckily i got one which is a lease assignment , the current tenant decided to leave within 6 months of their original lease.
After signing the lease assignment i have provided the first month rental advance to the landlord.
Now the current tenant is refusing to get out of the unit and i don't have place to go since i have already committed to leave my unit by July 1.
can the assignee back out even after signing the lease assignment?
I have to know my tenant rights and if at all they are not moving out how much compensation can i claim?
I would much appreciate if i can get an answer for this?
and
12 replies
Member
Oct 21, 2013
216 posts
80 upvotes
waterloo, on
So, you have 3 options.

1. Talk to the landlord and ask him to return your first months rent. and find another place. Let the landlord deal with the current tenant. most hassle free solution, though you will need to search for another place.

2. Ask landlord to file for eviction as there is new lease in place and current tenant has no rights. I doubt he will be out by July 1 though.

3. if you have all the proofs , you could sue the current tenant as he is breaching the contract. you could sue them for damages (first month rent + lawyer fee etc etc) in small claims court.

In all the cases, i doubt the tenant will be out by July 1st. Depending on your location, you could call your local tenant board to ask for guidance.
Royal LePage Realtor
Serving Kitchener/Waterloo/Cambridge/Elmira/Guelph and surrounding cities
Deal Fanatic
Jul 3, 2011
5658 posts
2848 upvotes
Thornhill
Lanldlord's problem to turn the property over to you on the lease commencement date.

It can be a long process for a landlord to evict an over-holding tenant if they didn't seek an eviction notice in time to so have it in hand on the day the tenant decided to overhold.

You might want to get a straight answer from the landlord as to the chances of having them out and if it's not looking good contact the landlord tribunal to ask about your options for comepnsation from the landlord for having to find a different place to rent.
[OP]
Newbie
Aug 23, 2018
8 posts
Thanks for your reply!

If i go with the option 3, then how maximum i can claim from them?
[OP]
Newbie
Aug 23, 2018
8 posts
how about the case with Assignor and Assignee. is it still valid?
Deal Guru
User avatar
Mar 23, 2008
10538 posts
6808 upvotes
Edmonton
StevenJ30950 wrote: Thanks for your reply!

If i go with the option 3, then how maximum i can claim from them?
It would depend on what it actually costs you (i.e. hang onto your receipts for any expenses you incur because of this).

C
Member
Oct 21, 2013
216 posts
80 upvotes
waterloo, on
StevenJ30950 wrote: Thanks for your reply!

If i go with the option 3, then how maximum i can claim from them?
Small claims court has a maximum limit of $25,000.
Royal LePage Realtor
Serving Kitchener/Waterloo/Cambridge/Elmira/Guelph and surrounding cities
Deal Addict
User avatar
Sep 19, 2013
2301 posts
787 upvotes
Winnipeg
StevenJ30950 wrote: Thanks for your reply!

If i go with the option 3, then how maximum i can claim from them?
Depends on how much stress you can handle. If you want a stress-free option, got for 1. With 3, you will have to go through the hassle & stress of building your case.
In the beginning the Universe was created. This has made a lot of people very angry and been widely regarded as a bad move. -- Douglas Adams
Deal Fanatic
Jul 3, 2011
5658 posts
2848 upvotes
Thornhill
Before you go trying to unsuccessfully sue the tenant, you need to know if the landlord agreed to the assignment. Your post only said you signed the lease assignment and paid first month's rent to the landlord.
Deal Addict
Jul 21, 2008
1209 posts
1190 upvotes
GTA
StevenJ30950 wrote: Hello Friends,
i am renting in a condo and recently my landlord sold this unit and i was looking for another apartment/condo.
Luckily i got one which is a lease assignment , the current tenant decided to leave within 6 months of their original lease.
After signing the lease assignment i have provided the first month rental advance to the landlord.
Now the current tenant is refusing to get out of the unit and i don't have place to go since i have already committed to leave my unit by July 1.
can the assignee back out even after signing the lease assignment?
I have to know my tenant rights and if at all they are not moving out how much compensation can i claim?
I would much appreciate if i can get an answer for this?
and
The landlord had no right creating a new lease agreement when the current tenant had not moved out UNLESS the notice was given in writing. If it was a verbal agreement then the landlord is screwed.
[OP]
Newbie
Aug 23, 2018
8 posts
I spoke to the tenant board - counsel member.
He gave 2 options
1.Landlord is responsible to evict them by the last day, even they can file a case against them. But its a long process.
2.talk and finish things mutually and get the compensation.

Do you think this works out?
Deal Addict
Nov 3, 2009
1201 posts
625 upvotes
Calgary
StevenJ30950 wrote: I spoke to the tenant board - counsel member.
He gave 2 options
1.Landlord is responsible to evict them by the last day, even they can file a case against them. But its a long process.
2.talk and finish things mutually and get the compensation.

Do you think this works out?
Why not? You get your money back. Landlord won't lose one month rent. The current tenant can stay. All parties are happy.
Deal Guru
User avatar
Mar 23, 2008
10538 posts
6808 upvotes
Edmonton
StevenJ30950 wrote: I spoke to the tenant board - counsel member.
He gave 2 options
1.Landlord is responsible to evict them by the last day, even they can file a case against them. But its a long process.
2.talk and finish things mutually and get the compensation.

Do you think this works out?
Number 2 works out if you get another unit in time for moving into July 1. But realistically, it’s your best option because it still provides you with some semblance of control. Option 1 leaves you hanging in the wind waiting to see when/if you get that contested unit.

C

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