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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100050
Experience:  Lawyer
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My son had rented an apartment signed a lease and was ready

Customer Question

My son had rented an apartment signed a lease and was ready to move on October 1. Unfortunately his mother had a stroke in Medicine Hat early last week. He has had to take a leave of absence from his job and at this time can not afford to pay rent as he is staying in Medicine Hat to be close to his mother. There was no damage deposit required as a move in incentive. Leasing company has taken the first month rent out of his bank, and wants another $500 for breaking lease. After going in to explain his situation he was told he would have to pay the fee for breaking lease and that was it yesterday they took the money for full months rent with no explanation. Is there any legal recourse for him ?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

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

Expert:  Debra replied 9 months ago.

I am sorry to hear this.

The law is that your son is responsible for the full year's lease.

But at the same time the landlord has a duty to mitigate damages and must try and rent out the space again as soon as possible.

If the landlord rents out the space your son is off the hook except for owing what monies the landlord lost. So if the unit stands empty for one month your son owes that money.

But if the landlord doesn't take steps to mitigate the damages and cannot prove that they did in court they would not succeed in court.

So your son can say that he will sue unless they take steps to mitigate their damages and unless they prove to him that they did try and rerent the space and could not.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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