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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 97531
Experience:  Lawyer
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My son-in-law had signed a lease agreement for 2 yrs

Customer Question

My son-in-law had signed a lease agreement for 2 yrs begining Jan 2016 with his landlord. However, because I bought a bigger and better house, they are moving to my house.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: The landlord has threatened with legal action for breaching the contract. In Calgary, Albert
JA: Has anything been filed or reported?
Customer: There were several problems in the house, mold, mice infestation, garage not safe as her things were lyig around.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no not yet she hasnt filed anything
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 4 months ago.

I am sorry to hear of this difficult situation.

Has your son-in-law asked for repairs and dealing with the pest infestation in writing?

Customer: replied 4 months ago.
Not earlier but had inormed them a month back
Expert:  Legal Ease replied 4 months ago.

The only way your son-in-law can use the pest and mold as an excuse is if the demand to rectify the situation is made in writing and the landlord refuses.

Otherwise your son-in-law will be bound by the lease and can be sued for the rest of the rent for the remaining term of the lease.

At the same time the landlord has a duty to mitigate damages and must take all reasonable steps to find a new tenant and if the landlord finds a new tenant then your son-in-law will be off the hook and only owe what damages the landlord suffered if any.

Does that clarify the law?

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