Contract law question

[sephir]

I am trying to end my housing lease early because the landlord(hes also a tenant) has violated the lease several times and has made it a chore simply to live there. I have given him my 60 days notice of the lease termination, but he is threatening legal action if I should cancel my post-dated checks.


In the original lease a security deposit was asked for. In Ontario it is illegal to ask for such a thing. You are only allowed to ask for the last months rent as deposit. The security deposit was to be used to cover any damages done to the property, and to pay the final utility bill. The remainder would be given back to me. Because this deposit was illegal, could I use it as evidence to say that the original lease agreement should not be binding in any way?


Also what are the credit risks of terminating the lease early? If he gets a collection agency would I then take him to court to protect my credit? If someone has gone through this before, could you please let me know what your experience was like?

[jmc]

I am trying to end my housing lease early because the landlord(hes also a tenant) has violated the lease several times and has made it a chore simply to live there. I have given him my 60 days notice of the lease termination, but he is threatening legal action if I should cancel my post-dated checks.


In the original lease a security deposit was asked for. In Ontario it is illegal to ask for such a thing. You are only allowed to ask for the last months rent as deposit. The security deposit was to be used to cover any damages done to the property, and to pay the final utility bill. The remainder would be given back to me. Because this deposit was illegal, could I use it as evidence to say that the original lease agreement should not be binding in any way?


Also what are the credit risks of terminating the lease early? If he gets a collection agency would I then take him to court to protect my credit? If someone has gone through this before, could you please let me know what your experience was like?

I have absolutely no clue on laws for your area...... but just wanted to give you a heads up on the last thing about collections.

In MA, for a case like this you would go before a judge and he would make a verdict on how much you would owe your landlord or how much he would owe you. If the party fails to pay a warrant can be issued for your arrest (Failure to comply with court order), and sheriffs can seize possession of a object. My brother-in-law went to court for not paying rent, courts ordered him to pay some amount and he never did. So sheriffs seized his car until the money was paid off.

[Altariel]

Depends on the laws where you are, but it is likely that illegal portions would not invalidate the lease in its entirety and the courts would merely sever that particular provision. No idea on the credit implications.

[kyod]

How did he violate the lease? Just because it's a chore to live somewhere with someone does not give you the right to break your lease. Just like having a bad roommate is not a good reason to break your lease. Also, why did you agree to a security deposit if it is illegal? I would never rent an apartment without knowing rental laws.

You can sue for the deposit back, since it is illegal in Ontario. Talk to the landlord first and explain it is illegal and show him where in the code it says so. However, if there are damages to the apartment besides normal wear and tear, you will be responsible to pay.

Is it specifically stated in your lease about the security deposit? The landlord could always say that the money is actually the rent deposit for your last month, even if he is lying. If you've got no proof, you're SOL.

As for your credit, I'm not sure how credit agencies operate in Canada, so I can't speak about that.

[Syntex]

How much time do you have left on the lease? It might be easier to ride it out.

Also what is he doing to make it a "chore" to live there?

[sephir]

Would him forgetting to pay the water and electricity bills for months on end resulting in us not having power for 4 days count as something I could argue?

Basically what makes it a chore is me having to clean up literally everything after him. HE spills something cooking, he leaves it, he takes a shit and forgets(as in never) to flush, etc. I came back once after visiting a friend in the US to find that we had maggots in our sink and a serious fly infestation (I was gone for 5 days). If I don't clean up after him everyday we end up getting flies and the whole house smells like something died in it.


I'm stuck in the lease until September 2011. And I only signed the lease with the deposit because at the time I was unaware that it is illegal to actually ask for one, but a friend recently enlightened me and I checked the government website.

If I had any idea what I would have to put up with I would have moved elsewhere, but at the time of the viewing the house looked nice and he seemed like an okay person.

[kyod]

So the landlord lives with you? You guys are roommates? You can't break the lease because your roommate forgets to pay the bills or is a dirty mother fucker.

As for the security deposit issue, are there any free legal aid clinics near you? Or does Toronto have a resource for renter's rights? Chicago has a dedicated agency for renter/landlord issues that you can call for advice. Toronto should probably have something similar.

Have you informed him the security deposit is illegal in writing? Has he responded? If not, file a claim in small claims court.

The formal notice for moving out also should be in writing.

Though if he ends up giving you your entire security deposit back, you are pretty much stuck into the lease. I mean, the guy has just been a shitty roommate.

[aurik]

If he is just a guy subleasing you a room, you could absolutely dick him over and get away with it. It's really hard to successfully sue as the landlord in Ontario. No way a small fry that just wants cashmoney for a spare room could do it successfully. You should point this out to him while you lay out reasons why you want out of the lease.

I'd recommend negotiating something that works for both of you. That might mean paying a month of rent after you have vacated to give him a chance to find a new person to lease, which is a reasonable, friendly thing to do.

Of course, document the fuck out of everything just in case he does sue you.

If he refuses to negotiate, dick away.