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Who do you think is "right" re: lease?

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  • Who do you think is "right" re: lease?

    My spouse and I live in a rented condo. One of us moved out when we separated (no abuse or anything - just preference). We both signed a fixed-term/one-year lease. Assuming the landlord won't allow the lease to be terminated early, are we both responsible for the rent payments until end of term, given we both signed the fixed-term lease?

  • #2
    Not necessarily. If you are entitled to support from them then that support will go towards your living expenses including rent.

    If you can’t afford the rent you may wish to speak to your landlord about breaking the lease early or subletting.

    You could also take in a boarder if you have more than one bedroom.

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    • #3
      Thanks but looking for thoughts or sources re: contract law/ real estate law here - i.e., if two people sign a fixed term lease and one just decides to *voluntarily* move out for no reason other than "whim/preference" that does not magically absolve the person who chose to move out?! Otherwise we'd all just change our mind on contracts "just because..."?
      I've googled it but can't find specific answer
      Thank you

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      • #4
        Originally posted by righton5753 View Post
        Thanks but looking for thoughts or sources re: contract law/ real estate law here - i.e., if two people sign a fixed term lease and one just decides to *voluntarily* move out for no reason other than "whim/preference" that does not magically absolve the person who chose to move out?! Otherwise we'd all just change our mind on contracts "just because..."?
        I've googled it but can't find specific answer
        Thank you

        Contract law or real estate law won’t apply as the person signed the contract with the landlord not you. This would be moved to family court as it involves one party moving from a “matrimonial” residence. If you decided to move out too then the landlord would go after you both but YOU don’t have an agreement with your ex which means there is no contract with them to be considered.

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        • #5
          If you have both signed the lease, you are both liable for the entire amount. The landlord can choose to go after either one of you, both of you, or neither of you as they see fit. The landlord does not care about how you are dividing the rent or which one of you is defaulting, only that they are paid. You would be jointly named on an eviction or non payment of rent notice.

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          • #6
            Originally posted by righton5753 View Post
            My spouse and I live in a rented condo. One of us moved out when we separated (no abuse or anything - just preference). We both signed a fixed-term/one-year lease. Assuming the landlord won't allow the lease to be terminated early, are we both responsible for the rent payments until end of term, given we both signed the fixed-term lease?
            From the LTB website

            In a joint tenancy, there is a single tenancy agreement and the tenants are jointly and severally (individually) liable for the payment of the entire rent for the rental unit.
            What that means is that the landlord could go after either party for the entire amount. If the parties had agreed to split the rent, then that dispute would be handled separately.

            This is going a bit beyond a divorce forum, but you should make a request to assign the lease. If the landlord refuses to allow you to assign the lease, then you fill out a form known as an N9, a tenant's notice to end tenancy.

            The tenant can use this notice to end the tenancy if the tenant asked the landlord for permission to assign the rental unit to someone else, and the landlord refused. The termination date must be:
            • at least 28 days after the tenant gives the notice to the landlord if the tenancy is daily or weekly,
            • at least 30 days after the tenant gives the notice to landlord if the tenancy is anything other than daily or weekly.
            The termination date does not have to be the last day of a rental period or the last day of a fixed term.
            Obviously, timelines matter, so if the remaining party doesn't want to be on the hook for the entire rent, they should act sooner rather than later.

            Comment

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