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Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7846
Experience:  with over 15 years experience.
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I signed a one year lease on an apartment for my nephew May

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I signed a one year lease on an apartment for my nephew May 2013. He's been arrested twice in the last month and is in jail. I want to break the lease on the apartment. I sent the landlord a registered letter this week asking to break the lease. I said we would get everything out of the apartment by August 31, I would pay Septembers rent and they could use the last months rent for October. I haven't heard back from them.

The landlord is not obligated to let you out of the lease. He could pursue you legally for payments on the remaining term of the lease. Landlord does have an obligation to try and minimize any loss that he may have. To do that he has to try and rent the apartment to someone else as soon as reasonably possible. So you could be pursued for damages in the amount Of the lost rent for any month that he is not able to secure a new tenant, as well as administrative costs for his time and inconvenience in having to do so.
Customer: replied 3 years ago.

Am I able to try to sublet the apartment for the remaining time on the lease? What can I do about the fact that they won't return my calls oe talk to me?

Yes, you can certainly sublet the place. ...'There lack of response to you would not alter the legal obligations you owe under the lease. Where it would become an issue is if you find someone to sublet or take over a new lease and cannot contact the landlord to get those arrangements in place. What you can do in that case is continue to send notice that you have a new tenant or so on, sending registered mail so you can prove receipt by the landlord. Then if they pursue you , you can argue that they could have avoided or lessened their loss but did not take reasonable steps to allow that to occur and that you should not be responsible for avoidable losses they suffer.
Customer: replied 3 years ago.

So if I arrange to sublet the apartment they still need to approve the tennant? Or is it a private arrangement between myself and the sublessee?

They need to approve, but they are not allowed to arbitrarily or unreasonably withhold that approval. They can't just refuse to allow it without having valid cause to do so.

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