Braking lease - Rental?

[Thaco]

Hey guys, I need some opinions, Here’s my situation.

I just bought a house with a possession date of March 15th, the problem is my lease for the place I am currently renting is not up until June 1st, and I do not intend to pay rent until then.

I really do not want to tell my landlord I am moving until I’m already gone incase he does something stupid, he just seems shady and I don’t want to end up with no place to stay, it’d be alright if it was just me, but I have a wife and a 4 year old kid to think about.

So I was thinking we’d move out on the 17th, do it all in one day, the landlord probably wont even notice, and then when we’re out I’d call him and tell him.

I realize this is not a good thing to do, but as I said I really don’t trust him. But this would give him 2 weeks to clean the place, paint, whatever, and get tenants in there before april, and he’d have our full months rent for the rest of March, as well as our DD which we’re not expecting to get back anyways, because that’s just how he is (he tried to jack up our rent last year AFTER we signed the lease).

Now I know he could probably come after me in small claims to get the last months rent (May) but I really don’t think he will. However in the event he does, do you guys think he has a leg to stand on? Considering it’s an illegal basement suite (windows are too small, there are no legal bedrooms), also he is a negligent landlord, we’ve been asking him for 2 years to put a railing on the stairs (which is required by building codes), my son has fallen down them 1-2 times, which I believe could have been prevented had there been a railing. Also the eaves has been dripping on the corner right where we have to come through the gate in to the back yard to get to our side entrance, this builds up with very slippery ice, and my son has slipped on that 2-3 times and smacked his head on the cement (you know kids, they don’t pay attention, they just go running). Also the fence in the back yard is falling over, I personally had to repair it so it was still standing, and we don’t let our kid play out there for fear of the fence falling on him, and also it looks like it hasn’t been painted in several years as the paint is all peeling off and boards are rotten.

So what do you guys think, should I be safe with my current plans? Anything you’d do in this situation?

[topmade]

Interesting. I would think regardless if it's a illegal suite or not your are liable for the missed payments because it was a signed contract. But of course then he would get fined for having an illegal suite which probably won't make it worth it.

I would agree with you and say he probably wouldn't do anything, but I'm no expert and you should probably talk to a laywer about this to make sure because you don't want to have these things haunting you for a while.

Edit: After whitetigers post below I agree 100%. Being a landlord myself I would get pretty upset if that happended to me. Regardless of the landlord being a not trustworthy, I would be professional about it and do as the contract says or at least talk it out with them if you plan on leaving sooner then expected.

[Whitetiger]

I'm going to get flamed for flaming you, but I don't give a shit.

PLEASE don't do this (breaking the lease and screwing people over), when you viewed this property, YOU and the landlord went into a binding agreement from what you BOTH saw in each other. (you're a jerk for complaining about the illegal suite, but when you moved in, I'm sure you loved it because of the extra living space) In return for giving you a secured period of having a shelter to stay in, and a fixed monthly cost, you gave him/her the expectation of how long you'll be staying. (a FIXED lease, sounds like it was either 6 months or 1 year)

Then as a whole, renters in Calgary complain about rent increase and shit, it's not just as easy as "clean the place, put some paint, blah blah blah and rent it out again"... It's also the PRINCIPLE, signing a lease is a business contract. This is why with the rental markets FINALLY being in the favor of the landlords, I'm all for the landlords finally getting the returns they need to cover the costs of deadbeats like you. If you do this shit to your current landlord, he'll probably try to rent it for a higher price (since Calgary market is letting it these days)... You may say it's a good thing for him/her, but when tenants around the city start ditching out on their lease not giving a shit about the landlords, then why the fuck should the landlords give a shit about bumping up their rent. Sorry, this sentence is hopping all over the place, but point is: KARMA baby. Do whatever you want.

Anyways, not trying to get myself flamed too badly, I'll try to comment so that YOU can make your own decisions:

--- Can he go after you? You bet he can, you betcha he will if what you're claiming is real (that he's got loose screws or his family gave him the properties and have lots of money to fuck around with ppl)... Also, there's a web site for landlords in North America, you can input information about your past shitty tenants and potential landlords can type in their names and read the stories. (but honestly, it's not that high volume like Beyond; so don't worry about this)

--- By law, a damage deposit is NOT to be used for rent. You're contradicting yourself trying to be an upstanding citizen for reporting his illegal suite, but want to use your DD as rent. Some landlords are NICE ENOUGH to extend the privilege to their tenants for using DD for their last month, but tenants can't assume they can use their DD for rent. This is NOT me making this shit up, read the Alberta tenancy act.

--- Reading from your post, you're one of those asshole tenants who holds tiny little shit over landlords for having late rent. Anyways. To answer your "negligent" landlord, YOU should had taken him to small claims court or wrote him a registered letter (on the address where the lease agreement was signed) and tell him what was wrong, on a daily, monthly base WHEN this stuff is happening. It is NOT cool to start bringing this shit up as leverage for ANYTHING, nothing that pisses me off as a person managing my parent's properties when shit heads use this shit for having late rent or fucking a lease agreement.

(and for those going to flame me, here, I'm going to help him)
If you want to fuck your landlord or to annoy him. Call the city building approval (you do your own research for their number)... and tell him exactly... Yes, they do and will show up. And if this is the first offense of the illegal suite at the place, then they have a period to fix the problem (i.e. take down walls, remove stove/ cooking stuff, bathrooms, etc...)... and if this is the second or third complain about this property, THEN, congratulations you've fucked him over somewhat (and bigger than you fucking on the lease)... he'll be slapped with a FEE (happy now, and to my flamers, I'm helping this guy, not just bashing him)... And the city will shorten the "fix" time, and if he can't fix the problems in time, either the city will hire contractors or fee him again for the delay.

--- Putting railing on staircase, it depends on the staircase... how many steps, how HIGH is it, etc... If this was a concern, either you should had said something BEFORE the lease (so the landlord can have this ready for you).... OR... You should had been smart enough to call the city already and find out. Why save all this shit when you're about to fuck him on the lease?

It's fuckin' unbelievable the shit that's wrong with a house once the tenants are "done" with the property. Anyways, don't believe me, please go read the Alberta Tenancy Act, they're online. (confirms what I'm saying how you should have wrote registered letter complaining about the slippery sideways, non-painted fence... and then when no response, take the landlord to court, etc...) HOLDING Rent for ransom or fucking a lease is NOT an excuse for irresponsible landlords.

Okay, I'm known on these boards for writing "idiot, retarded" posts that doesn't help the O.P. so here's your free advice from me as a son of a landlord... you really wanna fuck your landlord over? (actually, I'm giving you two)

1. The day you leave, pour course grade cement into their toilets, this not over fucks up the toilet bowl itself... but they MIGHT have to get the entire house re-plumbed. (like the big vertical 4" shit pipe)... this is super expensive.

2. If you're a good drywaller... Cut a 3" by 3" hole in the drywall (enough to fit a rainbow trout in)... and if you have friends living in lake communities, get them to fish a rainbow trout for you for free... stick it in the 3" by 3" hole... patch up the wall and repaint the room..... This will fuck with any future tenants or landlords or home owners of: "what's that smell"... and possibly really high carpet clean bills.

So for those who wanna flame me for being an asshole redneck immigrant son of landlord... I can give you just as many ways landlord's been fucked over by tenants.

[gonefishing]

as a landlord i just had one of my tenants do almost the same thing this month. 2 weeks ago while i was in Vietnam my tenant told me he was going to move out at the end of Jan. He was on a lease till May. i was kinda upset but he payed half the rent for Feb and i kept his DD. So this made it up to me, plus i already found a new person to replace him in 3 days. but if he were to just move out while i was away that would piss me off. I think if you just explain your situation to the landlord he would be understanding too unless you guys have alot of friction going on.

[lint]

Originally posted by Thaco
Hey guys, I need some opinions, Here’s my situation.

I just bought a house with a possession date of March 15th, the problem is my lease for the place I am currently renting is not up until June 1st, and I do not intend to pay rent until then.

I really do not want to tell my landlord I am moving until I’m already gone incase he does something stupid, he just seems shady and I don’t want to end up with no place to stay, it’d be alright if it was just me, but I have a wife and a 4 year old kid to think about.

So I was thinking we’d move out on the 17th, do it all in one day, the landlord probably wont even notice, and then when we’re out I’d call him and tell him.

I realize this is not a good thing to do, but as I said I really don’t trust him. But this would give him 2 weeks to clean the place, paint, whatever, and get tenants in there before april, and he’d have our full months rent for the rest of March, as well as our DD which we’re not expecting to get back anyways, because that’s just how he is (he tried to jack up our rent last year AFTER we signed the lease).

Sounds like he shouldn't trust you either. As the son-in-law of an extremely hardworking and honest landlord, I hope you get what's coming to you if you follow through with your plan.

[lilmira]

Yeah man, it's not cool being an asshole. Who knows if you will cross path with each other in the future.
Talk to the landlord. It shouldn't be to hard to find a tenant in this market.

[Tik-Tok]

*skips over giant rant*


First off, do you have a lease document?

If yes, read it and see what it says about breaking the lease, this usually entails giving an extra months rent, but you should get your damange deposit back (assuming the place is in the same shape it was when you left)

If no, just tell him what is happening, and that he can keep the DD in exchange for leaving the lease early, BUT leave the place in a good condition so he doesn't have a reason to come after you.

[QuasarCav]

Originally posted by Thaco


Yeah, and i guess i dont need to wait 4 months for posession anyways, I know my landlord is planning to jack my rent up at the next lease, and i dont expect him to give back my damage deposit because that's just how he is, so i could just break the lease with no reprocussions.

[Thaco]

Well i didn't read tigers big rant, but i read the first paragraph, and i did some research, and he has not upheld his end of the lease, so why should i uphold mine?

i just looked at the consumer tip sheet on the goverments website for information for landlords and tenats, and it says right in it that:
landlords must, ensure the premises are habitable at the beginning and throughout the tenancy. (Habitable means the premises meet the minimum housing and health standards under alberta's public health act and housing regulation.

so then i got the goverments document of minimum housing and health standards and have found SEVERAl infractions:

2-b-iii: during the portion of the year when there is a need for protection against flies and other flyign insects, every window or other drivice intended for ventelation shall be supplied with effective screens.

- 3 of the 4 windows in our suite do not have screens.

3-b-i: windows in bedrooms must provide unobstructed openings with areas not less than 3.8 sq ft and no dimension les than 15"

-therefore, none of the bedrooms are legal, they're all too small.

3-c: handrails inside or outside stairs or porches shall be maintained in good repair and shall comply with the alberta building code.

- it's been 2 years and we still do not have a handrail on our stairs, after several requests.

5: finishes, all windows ceilings floors and floor coverings shall be maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean.

- there are still unfinished tiles in the bathroom missing lots of grout and stuff that he said he'd finish within 1 month of us moving in there, again this is nearly 2 yaers ago


6-c:all plumbing fixtures should be servicable, free from leaks, trapped and vented to the outside

- our shower has dripped since the day we moved in, also the toilet runs, again, we made several requests to have this stuff fixed, with no response.

11. every housing premises shall be supplied with electrical service, outlets, switched and fixtures shall be properly installed and shall be maintained ina good safe working condition.

- for the first 6 months we had no access to the breaker room and on more than one occasion we were without power in the kitchen for more than 2 weeks because he neglected to flip the breaker and would not allow us access to the room.



I dont like being an asshole, and i would not be breaking this lease if he had been a good landlord, but he is negligent, and just plain inconsiderate, that's my reason for doing this.

And if you think i'm hurting anybody by not giving notice, he will have 2 weeks to paint the walls and rent it again, and in this market, i don't think he'll have a problem doing that.



And no, there was no formal inspection done, which is also required, which is also required by law of him to do.


And i didn't bring any of this shit up previously because i thought he was good for his word, and i expected shit to get done as he said it would, which it obviously didnt. I'm not trying to fuck him over, I'm just trying to prevent myself from being fucked over.

[gcycheun]

hmmm

the landlord - tenant act is to protect the tenant and not the landlord so even though you signed a lease the court probably will not uphold it as first the landlord has your DD and next months rent meaning that he has a good two months to find a new tenant.

secondly to go after you in court will be costly and for one month I doubt that he will


I verified this through my real estate agent as I had a coworker who was the landlord and her tenant broke a 1 year lease two months into the lease so she was only able to keep the damage deposit.

BTW my family has four rental properties so don't flame me for siding with Thaco

[gcycheun]

BUT I think you should let him know atleast it will give him more time to find a new tenant.

[lilmira]

If that is the case you really didn't have to mention that you just bought a house and you are taking possession in a month and a half. It would be irrelevant wouldn't it?

[Weapon_R]

See, this is why renters get the shaft 90% of the time when looking for properties. Your landlord is shady? Well, its obvious that he has reason to be with tenants like you.

You enter a lease knowing full well what you were renting, and it was okay for the entire time until you decide that your interests were more important than anyone else's so you decide to bring up nonsense about building codes.

That said, he probably won't bother with the last months rent as its more of a hassle than its worth. I hope he does follow through by taking you to court though. You should have taken your lease into account when buying the house. Two weeks is not enough time to adequately clean a property and find good tenants.

[Whitetiger]

Originally posted by Weapon_R
See, this is why renters get the shaft 90% of the time when looking for properties. Your landlord is shady? Well, its obvious that he has reason to be with tenants like you.

You enter a lease knowing full well what you were renting, and it was okay for the entire time until you decide that your interests were more important than anyone else's so you decide to bring up nonsense about building codes.

That said, he probably won't bother with the last months rent as its more of a hassle than its worth. I hope he does follow through by taking you to court though. You should have taken your lease into account when buying the house. Two weeks is not enough time to adequately clean a property and find good tenants.

Sums up what I'm trying to say with less bullshit.

[Thaco]

Originally posted by Weapon_R
See, this is why renters get the shaft 90% of the time when looking for properties. Your landlord is shady? Well, its obvious that he has reason to be with tenants like you.

You enter a lease knowing full well what you were renting, and it was okay for the entire time until you decide that your interests were more important than anyone else's so you decide to bring up nonsense about building codes.

That said, he probably won't bother with the last months rent as its more of a hassle than its worth. I hope he does follow through by taking you to court though. You should have taken your lease into account when buying the house. Two weeks is not enough time to adequately clean a property and find good tenants.

Like i said, i was being the good guy, i was giving him the benefit of the doubt and he gave me a verbal confirmation on several occasions that this stuff would be fixed within a reasonable time frame, the only reason i let it go on as long as i did is because i had nowhere else to go and i didn't want to have to move again.

[TrevorK]

I don't think you can go after him, after you've moved out and say "I shouldn't have to pay my rent because the place wasn't liveable." It doesn't work that way.

Further, if you break the lease you will be responsible for all the rent until he finds a tenant (And he must prove that he is searching for a tenant).

[Thaco]

Originally posted by TrevorK
I don't think you can go after him, after you've moved out and say "I shouldn't have to pay my rent because the place wasn't liveable." It doesn't work that way.

Further, if you break the lease you will be responsible for all the rent until he finds a tenant (And he must prove that he is searching for a tenant).

It is stated right in the alberta governemnt tips sheet

Repairs
The landlord is responsible for keeping the premises reasonably safe and in good repair at all time, not just at the beginning of the tenancy. Standards for safety and comfort are set out in the public health act and regulations

If a landlord ignores a tenant's request for repairs, the tenant may apply to the court for any of the following:

<snip>

to end the tenancy.



And i don't want to go after him, i just don't want him to come after me.

[Mixalot27]

If it is indeed an illegal dwelling, I don't think the landlord would be able to successfully sue you. No court that I know of will enforce a contract for an illegal product/service/activity.

[Mangina]

Wow. Stop being a coward and just tell him. Are you really that afraid?

[S4maniac]

Just so you know ... regardless if this is an illegal suite or not .. the landlord/tenant act is the law that presides over anything. You are a tenant. You signed a lease. He can go after you for breaking the lease.

You bring up all types of shortfalls and that's fine. However you cannot use these to suddenly skip on your lease. Did you notify the landlord in writing of these problems? Did you notify the Health Board or Bylaw? You can cancel a lease for unsafe conditions but you have to go through the correct legal procedures and that involves giving the landlord reasonable written notice and warning to fix problems.

Now, you can leave early and accept the penalties. The landlord has to make a reasonable effort to mitigate his and your loss (ie. rerent the unit). But since you're only skipping out of a month or two, no court in Alberta would say its unreasonable it remained vacant for a couple months even in this no vacancy market.

Honestly, what you should do is tell him you're leaving, pack up your stuff and go. Clean the place according to your check-in list and accept the fact you owe for the rent. There is no law or legal way for him to physically stop you from moving. He cannot seize your stuff, change the locks or tow your vehicle if you don't owe current rent.

//Just sayin ... 10 yr property manager

edit - since there was no signed check-in inspection done you cannot be held responsible for any cleaning or repairs. So you got that going for you.