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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99975
Experience:  Lawyer
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I signed a lease townhouse rental 2015 and they told me that

Customer Question

hello I signed a lease for a townhouse rental for dec1 2015 and they told me that I could get in one week before the 1st which didn't happen so I went to talk to them and they are very rude!!! so I want to get my money back before I move in but she said no !! how can I get my money back??
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Was the least amended to reflect that you can live in one week earlier?

Are you losing money because of the one-week delay?

Customer: replied 1 year ago.
I will be losing money and time . i have nothing in writing only verbal and she said since its not in writing she do not have to accommodate me. I wanted to move there as my wife just passed away and i need to get out of my house so we can fix it and sell it now i will be delayed on the listing which will cost me more money. but the biggest issue i have is if they are like this before i move in what am i going to face once i move in?? i don't need this kind of aggravation right now! since i havent moved in do i have to take it ??
Customer: replied 1 year ago.
do you have any answer for me ?? or any suggestions??
Expert:  Debra replied 1 year ago.

Generally you would have to take it as this is a binding contract and if you don't adhere to it you can be sued.

But in this case after the lease was signed you and the landlord entered into a binding agreement as well. It doesn't matter that it was verbal. The landlord has now breached your tenancy agreement and in my view you can consider the lease at an end.

I also agree that you now see that your landlord is dishonest.

I suggest that you retain a lawyer to send the landlord a letter setting out the facts, stating that you will not be moving in as the landlord breached the agreement, demanding you deposit back and threatening a lawsuit if it is not refunded and also stating that if you end up in court you will sue for damages as well as you have lost time and money because of the breach of the agreement.

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