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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3453
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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We currently rent a house and have a 1 year lease that

Customer Question

Hi
We currently rent a house and have a 1 year lease that expires March 31st 2017.
We just successfully purchased a home and take possession mid January 2017.
If we gave our landlord 60 days notice from today..what are our options...can he sue us?
Submitted: 7 months ago.
Category: Canada Law
Customer: replied 7 months ago.
We live in Hamilton, Ontario, Canada
Expert:  Ulysses101 replied 7 months ago.

Hello, thank you for the question.

As you noted, either the landlord lets you off the hook and agrees to terminate the contract early or he doesn't.

If he doesn't, then you are liable for the rent until the end of the term. You are free to sublet, for the same amount as your rent if you can find a tenant. Then you're not out any money, and maybe the sublet will sign a new lease with the landlord directly starting April 1.

But the contract is the contract. You're liable for the rent until March 31 2017, whether you live there or not.

Does that make sense?

Customer: replied 7 months ago.
It does...do you have anything we can send or say that could help us get let off the hook so we dont gotta pay?
Expert:  Ulysses101 replied 7 months ago.

If the landlord doesn't get the money for the lease period then the landlord can sue you for the money.

So, feel free to ask the landlord if he can let you out of the lease. Perhaps he's got other tenants lined up.

Otherwise, you have to find a sublet or pay for the apartment yourself until the end of March. That's the law and there's no tricks to getting out of a residential lease if you're the tenant.

I wish there was more to tell you, but now you know. Is there anything else? If not, may I have a positive service rating please? Ratings are how I get credit from the site for helping its customers.

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