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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100458
Experience:  Lawyer
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My landlord signed a new lease in august of 2016 with my ex

Customer Question

My landlord signed a new lease in august of 2016 with my ex who listed me as an occupant. The original lease was signed in august 2015 by me and my ex. The landlord has now sent my name into creditors for my ex's unpaid rent and damages. Am I responsible for these payments?
Submitted: 3 months ago.
Category: Canada Law
Expert:  Debra replied 3 months ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 3 months ago.
I had left in November 2016 in an emergency (because of domestic abuse that I cannot prove because I did not charge him) and had to call the police to do so. I have the occurrence number of that time. I had let the landlord know that I left after I was out of the home a couple days later. I paid for my monthly rent until November of 2016
Expert:  Debra replied 3 months ago.

I am sorry to hear this.

Are you saying you did not sign the lease renewal but your ex-spouse actually signed a new lease rather than just becoming a month-to-month tenant?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
I am being told by creditors that I am still responsible because I did not give 2 months notice and because he listed me as an occupant on the second lease
Expert:  Debra replied 3 months ago.

Then you are not at all liable for any of the rent from the day your ex-spouse signed a lease without your name on it.

The landlord cannot sue you successfully.

Does that fully answer your question?

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 3 months ago.

I just saw your last post.

That is not correct. You were no longer a tenant when a new lease was signed without your signature on it. If you were an occupant you were a roommate of the tenant.

Customer: replied 3 months ago.
This is what I've said to creditors. What can I say to them to get my name off this issue then? They are saying that I am responsible due to the residential tendencies act section 44-47
Expert:  Debra replied 3 months ago.

It doesn't apply to you. You were not a tenant. That is what you can tell them and you can say you were told this by a senior lawyer in Ontario.

Customer: replied 3 months ago.
I told them I was no longer a tenant. The person I'm dealing with only insists that I pay and refuses to take my name out of collections. I do not want this to affect my credit
Expert:  Debra replied 3 months ago.

Tell them that if your credit rating is harmed in any way you will sue them and the landlord.

Or have a lawyer send them a letter making the same threat.

Customer: replied 3 months ago.
I feel this is still not sufficient to get them to leave me alone and take my name off the issue. And I do not want to spend more money to get a lawyer to write a letter.
Expert:  Debra replied 3 months ago.

There is nothing more you can do. They cannot be compelled to stop.

They can receive a threat to be sued or be sued.

That is how our legal system works.

I have been a lawyer since 1985 and I fully understand how frustrating and unfair it is to be right but often have to pay legal fees to prove it. It's not fair but that is where we are at in our country.

So my answer is the best answer you can get because it is coming from a seasoned, senior lawyer in Ontario.

Expert:  Debra replied 3 months ago.

One other point is that you can also threaten your ex with a lawsuit as this is you ex's fault of course.

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