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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 98011
Experience:  Lawyer
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Is it legal landlord to charge you expenses relating to

Customer Question

Is it legal for a landlord to charge you expenses relating to advertising and finding a new tenant when you vacate a property with proper notice.
Can that be written into a rental agreement (which supposedly it was)?
This particular case says the landlord can charge a person a minimun $300 (advertising expenses and what not) if that tenant doesn't find a new tenant 30 days before the 60 day notice period were to expire and the tenant would vacate.
This is not normal but I don't know if it is legal.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

If a tenant does not provide proper notice then the landlord must take steps to mitigate damages. That would include advertising for a new tenant.

The tenant must compensate the landlord to put the landlord in the position that the landlord would have been in had the tenant not vacated early. This means that the tenant must reimburse the landline for all advertising cost and for any lost rent.

Let me know if you need any further clarification.

Customer: replied 1 year ago.
Clarification is that the tenant gave proper notice.The letter sent to him says that if the landlord finds a new tenant 30 days before the original tenant moves out (with the proper 60 day notice) the landlord will charge a minumum $300 for finding a new tenant.The original tenant is not breaking the rental agreement. How can he be charged advretising expenses for just giving the 60 day notice? It is not his business to make money for his landord.
Expert:  Debra replied 1 year ago.

He cannot be charged.

If he gave proper notice and did not breach tenancy agreement or the Act then the tenant cannot be charged a thing.

Customer: replied 1 year ago.
Just one more question. Can a landlord write into a rental agreement that one would sign that they can charge for fees relating to reletting an apartment even if the tenant abided by the Act and the 60 days notice and so forth. In this particular situation the tenant was told to advertise on Kijji to students (because in the lanlord's experience that is the easiest) and if the landlord found a tenant 30 days before the vacate date he would still be charged for fees relating to finding the new tenant and apparently there is a clause in the rental agreement to that effect.The person I am asking on his behalf has rented from them before and this clause was not in his last agreement. And the landlord in question is a pretty significant property management firm in Peterborough.I ask point blank, is it legal to charge a tenant fees for finding a new tenant even if it is stipulated in the rental agreement and the tenant has given proper notice and there is not damages and what not. The tenant has resided there for over a year.Is this worth investigating further.
Expert:  Debra replied 1 year ago.

No it is not legal to charge the tenant fees like this. But please confirm this with the Residential Tenancies Branch.

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