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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101393
Experience:  Lawyer
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This is a landlord and tenant issue. I rented a condo and

Customer Question

This is a landlord and tenant issue. I rented a condo and the only way I could get it was to pay 6 months rent up front.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ontario.
JA: Has anything been filed or reported?
Customer: NOt as yet, my circumstaances have changed and I no longer need this condo. I understand we can sublet the tenancy under several circumstances however what happens to my extra deposit money?
JA: Anything else you want the lawyer to know before I connect you?
Customer: That is it for now.
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

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

Expert:  Debra replied 11 months ago.

I am sorry to hear that you are in this difficult situation.

Are you in a fixed term lease?

Customer: replied 11 months ago.
I am in a fixed term 1 year lease in ontario canada. the landlord insisted we had to give 6 months rent up front. first and last are legal but the additional 4 months are against the landlord and tenant act. I understand that this lease is illegal and wish to cancel it. it started around the 10th of October. Is there any other issues I must deal with and how do I get my money back?
the landlord lives in Dubai yet has a daughter living here in toronto. the transaction was handled by a real estate agent.
Expert:  Debra replied 11 months ago.

The lease is not illegal. Demanding you pay six months in advance is illegal.

They ust give back the money they have taken illegally as you are correct they can only hold on to last month's rent.

But the lease is legal and they can then sue you for the rent for the full term of the lease.

At the same time they are required by law to take all reasonable steps to mitigate their damages and this means they have to find a new tenant at once. If they do you will be off the hook but if not you will be liable for all the months the unit stands empty.

Does that clarify the law?

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 11 months ago.

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