If you’ve found the perfect house, made an offer and the seller has accepted your bid, you’re probably elated, but not if you have a lease. Having an active lease can dampen your mood considerably and be financially taxing if you aren’t able to break it early. You wouldn’t want to wait to move into your new home, so what should you do?
Breaking Your Lease To Move Into Your Home: Assign Or Sublet It
Here in Canada, you have quite a few legal options to break your lease early without being penalized for it. However, in most of these cases the property would either have to be a hazard to your health and well-being, or you’d have to be in danger if the tenancy were to continue. None of these are reasons you’ll be able to use as you’re moving into a home you’ve purchased.
In this case you really only have two options – assign your apartment or sublet it. To do either you’d have to give your landlord notice and he/she would have to agree to this arrangement. You’d obviously have to find a suitable individual to take over your lease or sublet to so your landlord isn’t left with any reasons refuse. However, even if you find the epitome of a model tenant to sublet or assign to and your landlord still isn’t budging you have recourse to end the lease early. You can either seek legal help if your landlord refuses to accept a sublet for discriminatory reasons or you can ask the Landlord and Tenancy Board to end your tenancy if your landlord is being unreasonable when you ask to assign or sublet.
Recourse If Your Landlord Refuses Your Request To Assign Or Sublet
If you’re thinking of subletting or assigning your apartment to break your lease early it’s best to speak to your landlord as soon as you know you have these intentions. When you do speak to them ensure everything you agree to is in writing and both of you have signed. If that seems too unscrupulous for you, simply keep email correspondence you’ve had with your landlord.
But, at the end of the day you know you’ll have recourse if you find a great tenant to assign or sublet to as your landlord’s actions in refusing to assign or sublet can be determined to be unreasonable, especially if he/she agreed and then reneged on that agreement later.
This really is your only option if you don’t want to spend money “occupying” two places at once.
You shouldn’t delay your dream of buying a home simply to complete a lease agreement. Most landlords will understand your predicament and agree to your request assuming you’ve been a model tenant. They may not be as understanding, however, if you’ve been a less than stellar tenant. But whatever you do- don’t stop paying your rent or sublet without your landlord’s written consent.
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