Leases does not matter anymore according to the RTDRS

[Millions]

So I’m left in shock this week. A tenant I had that was on a year lease, moved out three months early. It took me two months to find a new tenant.

I took them to “court” via RTDRS.

At our hearing, the tenants tell her that I said, despite having a year lease, that one month notice was okay. I said, then what would be the point of a lease.

In the end, judge ruled I just get one month paid by them and I eat the other one.

I mean, this is literally against the law and a judge made the order.

So, it seems a lease doesn’t really mean much anymore. In addition, all the late rent fees as well as the re-rental fee that’s in the lease were kicked out as well.

So, just as a warning to anyone who ends up in this situation. A lease isn’t enough. You might want to create a seperate form where the tenants sign that they are responsible in full for such and such months and if they move out, they will still pay. At least then, they acknowledge it up front.

Also, take loads of photos at walk in and walk out. Our stove was filthy inside but even with photos, they were questioning if it was the same stove.

Its a greasy world out there.

Any database for low level scum tenants?

 

[Tina Myrvang]

Use Naborly to screen tenants.

https://naborly.com/

 

[RedlineBrett]

Were your tenants on a fixed term lease or a periodic term? Fixed is just as it sounds, fixed term, start and end date which can only be changed if amended by both parties or through the RTDRS if one side is found to be in breach. A lease must be specifically described as a fixed term lease to be considered one. In the absence of this a lease is considered periodic. A periodic term lease can be terminated by the tenant with one month's notice to the landlord, which is probably why you were only awarded one month. The other stuff is all subjective to whatever happened during your tenancy and the documentation available to the hearing officer.

 

[Matt Crowley]

Were they arguing the home was in disrepair, ongoing problems, property was not as it was represented? Did you agree to let them leave?

 

[Teresa10609]

In Ontario, a lease doesn't mean much. It only provides protection to tenants (they can't be evicted during this period) while tenants can break the lease with no penalties at all.

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