Toronto Renters Forum
General => General Discussion => Topic started by: Platonopolis on April 14, 2022, 12:03:20 pm
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Hi everyone!
I have a one-year lease with a co-signer/roommate for an apartment that ends in July. Our lease says that in July, we move to a month-to-month model. But my co-signer wants to leave the lease, and terminate the contract. I want to keep the apartment, but the landlord wants to make a new lease and raise the rent on the order of hundreds of dollars.
Is there any way I can prevent this from happening, while also allowing my roommate to get off the lease? I.e., I want to keep the contract that we currently have with its rent, but just 'cross out the name' of one of the signers. I don't have much hope that this is possible, but I'm wondering if maybe there's some kind of legal thing anyone knows of where that can / should happen ...
Thank you!
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Hi Platonopolis,
Just to be absolutely clear, your signature is on the lease too, right? You don't need to be added to the lease, because you already signed one when you moved in, correct?
That lease is an agreement between the landlord and each of you, but not both of you. The way to acheive what you want is to make it clear to your landlord that YOU are NOT terminating your lease (i.e. the contract between you and your landlord), but that your roommate is ending theirs.
By law your roommate has to provide written notice to your landlord 60 days before they wish to terminate their lease. So have your roommate include a statement in their letter indicating that it is only them that is terminating their agreement with the landlord, and that you are not terminating yours.
After that, DON'T SIGN ANYTHING from your landlord. There is nothing in the law to stop your landlord from trying to fool you into signing a new lease (and increasing the rent if you do), but there is also nothing in the law compelling you to sign a new lease - so don't! Just stay where you are, and don't sign anything.
If you and your roommate are no longer on speaking terms (so they don't want to include a helpful statement on your behalf in their letter), then send you own letter clearly stating that you understand that your roommate is terminating their lease, but you are not terminating yours.
Send the correspondence by registered mail. Keep a copy for yourself.
Also know that I am not a lawyer, and so I cannot provide legal advice to you. The words above merely reflect my understanding of the law. You should definitely find a proper lawyer or paralegal to ask this question to. (And once you've done that, then come back here and let us know what a real lawyer has advised you to do.)
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Hi Andy,
I saw your reply, and I am sceptical. If both tenants signed a single lease document, then I think it may be more complicated depending upon whether the first year has passed or not. The courts may treat them as a single "conjoined" unit.
Check-out this article:
https://ontariolandlordandtenantlaw.blogspot.com/2013/04/my-roommate-abandoned-me.html (https://ontariolandlordandtenantlaw.blogspot.com/2013/04/my-roommate-abandoned-me.html)
which states:
This changes when the fixed term expires and the lease continues on a month to month basis. The law does not presume that co-tenants, after the expiry of a fixed term, intend to remain bound to each other for an indefinite period. Therefore, in a month to month tenancy either or any of the co-tenants are permitted to give the requisite Notice of Termination of the Tenancy to the landlord to terminate the tenancy. If the remaining tenants do not wish to remain in the property it is open to them to enter into a new landlord and tenant relationship with the landlord.
I tried searching on Steps to Justice, but didnt' find anything appropriate.
Platonopolis, I would strongly suggest that you speak with a lawyer. You could also try calling the FMTA Tenant Hotline - it's terrific and they'll listen to your situation and provide good information for free over the phone: 416-921-9494.