I want out of my lease... Tips?

[Snow]

I rented this place online, based off of pics and specs of the renovated demo suite. By the time they got to my suite, they were cutting mad corners. Construction was supposed to be finished in August but parts of our suite aren't finished (including heat), the garages aren't finished, common areas aren't finished, laundry facilities aren't working, basement is leaking and rotting underneath my suite etc.

My plan was to move that the lease was void without adaquate heat, but by the time I get an inspector in there they might have it up and running.

I need a way to bust out of my lease. Suggestions? They left my lease agreement in my suite one day and I should have just shredded it when I had the chance.

[hozer]

I rented this place online, based off of pics and specs of the renovated demo suite. By the time they got to my suite, they were cutting mad corners. Construction was supposed to be finished in August but parts of our suite aren't finished (including heat), the garages aren't finished, common areas aren't finished, laundry facilities aren't working, basement is leaking and rotting underneath my suite etc.

My plan was to move that the lease was void without adaquate heat, but by the time I get an inspector in there they might have it up and running.

I need a way to bust out of my lease. Suggestions? They left my lease agreement in my suite one day and I should have just shredded it when I had the chance.

If it's in your contract that things were supposed to be finsihed by August (must explicitly state this), then that is breach of contract and you should have no problem. If its satted in the contract that you will have "X by x date" then you are gold, if not you might have some issues. PM me if you need someone to look it over.

[Snake556]

Hozer's pretty much got it. If they're breaching the contract you agreed to, then they're in the wrong and away you go!

[rolyaT]

Gotta watch out with "move in date" and "completion date" two totally different things. My bro built a house, "move in date" came and house wasn't done completely. He bitched and they told him they still had 2 months till "final completion date". Don't know if this is even related to your situation at all but thought I would just throw that info out there.
Good luck with everything though man. Keep us informed

[Snow]

Unfortunately the completion date is not explicity stated in the lease... I believe it just says move-in date. I did re-read the lease and it says that should payment not be made within 14 days of the first, said contract/lease agreement would be cancelled. So by that logic if I simply don't pay rent they can't pursue me for the rest as the contract is null and void... Maybe a mistake on their end I could exploit? They would apply last months rent I gave them originally and call it a day. I just wonder if they can make entries on my credit...

[rolyaT]

Ya that's the thing I would be worried about, I think any missed payment hurts ur credit but that being said might be worth the minor ding (if it is minor) to get out if ya want. Maybe talking to a real-estate lawyer might help, if you have that option.

[hozer]

Unfortunately the completion date is not explicity stated in the lease... I believe it just says move-in date. I did re-read the lease and it says that should payment not be made within 14 days of the first, said contract/lease agreement would be cancelled. So by that logic if I simply don't pay rent they can't pursue me for the rest as the contract is null and void... Maybe a mistake on their end I could exploit? They would apply last months rent I gave them originally and call it a day. I just wonder if they can make entries on my credit...

The contract is cancelled yes, however you are entitled to pay the remainder of the contract you initially signed (which of course would be your full rent payment and probably damage deposit). I also would be willing to bet they have cancellation clauses and penalties. You however, would be in Breech of Contract, for which, should they choose to, could take legal action and easily win... Your damages would no doubt offset the case, but ultimately you would lose.

Your credit would be fine until they send a collection agency after you, in which case your credit would be destroyed. Them alone can do nothing, unless they have your bank info or something of that nature.

(NOTE: This is worst case scenario and in no way reflects what may happen, only what could happen)

[aN4rk1]

Hi,
Firstly, If there is any mention of any date related to the completion of the repairs/upgrades/etc, and the items are not completed by that date, its a breach of contract on their end.

Next, if there is no such date, don't worry. There is still hope. Did you put your SIN number on the credit application, or do they have your SIN number at all? Firstly, I would like to mention that PUTTING YOUR SIN NUMBER ON ANY RENTAL APPLICATION IN ONTARIO IS OPTIONAL. I mentioned this in your last thread about moving. If they do not have your SIN number, they cannot affect your credit in anyway possible.

Anyway, if they dont have your sin number, don't pay and just leave after the 14 days as it says on your lease agreement. IF THEY DO have your sin number, you can still get out of this lease.

1) go here: http://www.ltb.gov.on.ca/en/index.htm
2) Fill out an N9 form. This gives the landlord/you 60 days to find another tenant. At that point you are no longer responsible for the lease. If you do not find another tennant in 60 days, YOU are still responsible for the lease until they do.

I would just like to say one thing. Everyone on this forum tells everyone else to search this, search that. All of this information can be EASILY found on google by searching

Good luck to you!

[Snow]

Believe me, I searched around. I have already started to fill out another form making three valid complaints, requesting a hearing that will determine if they will:
1.) Have to pay me a rent abatement to make up for the regulations they are not meeting and;
2.) Terminate the lease on November 1st 2011 since I do not feel comfortable continuing to live in this apartment given the inconsistency of the aforementioned in the hearing application.

The issue is this takes time. I came across your form as well, but the issue is, how am I going to find a new tenant to rent a place if there's no heat? Nobody in their right mind would rent a place in NOVEMBER that does not have heat. I find it ludicrous that I am stuck living in a place as such.

So when I asked about tips of getting out of my lease, I didn't necessarily mean the long painful way which includes living in my place, freezing my balls off for a couple months trying to find someone stupid enough to trade me places. I was more so hoping to find a legal loop-hole where I could metaphorically kick him in the balls. Unfortunately it looks as if no matter what I will be waiting around for something (either new tenants or a hearing), so my plan has developed as such... With the application for a hearing I'm not only moving that the contract is void, but also that a portion (1/2 of my rent over a 1.5 month period in the amount of almost $1,000) be refunded due to:
- Lack of access when they changed locks on exterior doors without proper notice, and then charging $50 per key.
- Lack of heat all the way up until October 12th, at which point the fireplace does little more than fill my apartment with a haze likely made up in great proportion of Carbon Monoxide.
- Lack of reasonable enjoyment, as I was and still am incapable on most weekdays of reading a book, as my fiance is incapable of studying, due to the constant construction and noise taking place underneath my suite. When I say constant noise, I mean hammer drills and other tools that are capable of shaking dishes in the cupboard.

So at this point I'm going to approach the landlord and basically say, "Look, we can do this one of two ways; the easy way and the hard way. If you want to let me out of the lease early, then we'll call it a day. If you want me to make this difficult, I will enjoy every second of it."

Hopefully he takes the bait, and lets me out early to save himself the money he may have to pay me back.

[Snow]

Might I add, that above wording is not what I have used. Something a little more professional and business-like that shows I'm educated and well versed on the matter and it won't be necessarily easy to push me around like this.