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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101458
Experience:  Lawyer
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I had signed a lease agreement in May this year to lease a

Customer Question

I had signed a lease agreement in May this year to lease a condo in Calgary, Alberta to commence September 1st of this year. My employment situation is changing, as I'm being laid-off in 6 weeks. I have inform my future landlord of the situation, and asked to cancel the lease, as I would not be in the financial position of affording the amount required to execute the lease. The landlord took a deposit of $1850, for the first months rent. The landlord is stating that since I'm breaking the lease that I am to forfeit the deposit, and that I am responsible for all costs, including subsequent months of rent, if they can't find a suitable tenant. Through electronic correspondence, the landlord has stated that they have offered an extension of another lease to the current tenant. The landlord/tenant board says this is not within their jurisdiction because I have not taken possession of the condo. What are my legal options?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Unfortunately, the landlord is correct and is stating the law completely accurately. The landlord can sue you for any losses he/she sustains and until the landlord finds a tenant you are liable for the rent.The landlord has to take all reasonable steps possible to find a new tenant. It would be best for you to also try and find a new tenant for the landlord. I am sorry this is not at all what you were hoping to hear but this answer is accurate and I know you want to know what the law is for your situation.
Customer: replied 2 years ago.
So, eventhough the lease has not commenced, I am still responsible for the lease?
Expert:  Debra replied 2 years ago.
Yes. You have a binding contract for one year. You cannot get out of a contract just because it rental hasn't started yet.