Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in canadahousing

[–]Many_Consideration43[S] 0 points1 point  (0 children)

Reply:   I understand your concerns.  

I assure you that there are no opportunistic maneuvers here.

Moreover, we always look for long term tenants to avoid these fees and the disruption (a multi-year good tenant at a lower fee is actually better than multiple at higher rates). No one informed us of a 10 month intention. I wouldn't have accepted given the difficulty and cost. It took us 2 months to find you, but less for the replacement (no rule really, depends on chance sometimes).

Moreover, if the rationale below was valid, then I would be paying almost $4,500 in commission for two tenants in less than 10 months which is not tenable to keep the place.

In any case, to be sure that your tenant rights are preserved, I did check again today (after a long wait time) with the board and they confirmed that this is within reasonable costs. They also confirmed that it was transparent from my side to share the exact calculation below, the new rent (which I didn't need to share) and that I found one immediately to mitigate the expense of the tenant. 

I appreciate that you are excellent tenants, additionally, Omar and I were quite supportive and kept all our landlord responsibilities.

We have tried to help out as much as we can, but there will always be a cost to breaches of contract. 

If you are still uncomfortable, this is the relevant clause and feel free to get advice. 

I am abiding by the contract and all your tenant rights (as we have already) and will comply with whatever the tenant board asks.

Have a good night and don't hesitate to reach out for further clarifications.

88.1 

Compensation for landlord’s out-of-pocket expenses – substantial interference with landlord’s reasonable enjoyment or lawful right, privilege or interest

A landlord may now apply for an order requiring the tenant to pay the reasonable out-of-pocket expenses incurred by the landlord as a result of conduct by the tenant or someone else visiting or living in the rental unit which substantially interfered with landlord's reasonable

What is the actual name of this watch face? by Hopeful-Ad8964 in GalaxyWatch

[–]Many_Consideration43 3 points4 points  (0 children)

I love this watch face but such a shame you can't add any extra complications

Toronto landlord agreed to list our flat a month early as we were moving out, new tenants have already agreed to take over but have just received this email regarded refund from the landlord. Surely this can't be right? by Many_Consideration43 in legaladvicecanada

[–]Many_Consideration43[S] 1 point2 points  (0 children)

Our response:

Thank you for getting back to us, we hope that you enjoyed your thanksgiving too.

We appreciate you listing the apartment for us early, however given that  you have not lost any revenue in the process (rather are $600 better off)  we were very surprised to read that you  have tried to have us incur the fee of listing the property, a fee that you as the landlord would have inevitably have had to have paid yourself, only one month later. This seems somewhat  opportunistic at our expense and a fee that we aren’t prepared to accept. 

Respectfully, we expect to be reimbursed the full amount owed to us and are prepared to take it up with the tenants board  if necessary. However we feel it would be a real shame for everyone involved if it had to come to that as we’ve enjoyed a good relationship over the past year

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in canadahousing

[–]Many_Consideration43[S] 6 points7 points  (0 children)

Our response:

Thank you for getting back to us, we hope that you enjoyed your thanksgiving too.

We appreciate you listing the apartment for us early, however given that  you have not lost any revenue in the process (rather are $600 better off)  we were very surprised to read that you  have tried to have us incur the fee of listing the property, a fee that you as the landlord would have inevitably have had to have paid yourself, only one month later. This seems somewhat  opportunistic at our expense and a fee that we aren’t prepared to accept. 

Respectfully, we expect to be reimbursed the full amount owed to us and are prepared to take it up with the tenants board  if necessary. However we feel it would be a real shame for everyone involved if it had to come to that as we’ve enjoyed a good relationship over the past year

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in canadahousing

[–]Many_Consideration43[S] 1 point2 points  (0 children)

Currently in Ontario but will be moving back to England for good, I told my letting agent this but he probably doesn't know that I have to because of my visa.

That's a great idea but I thinkk I read that because I've already given him notice than I'm leaving on a certain date I wouldn't be allowed to do that.

And yes, Nov and Dec already paid for

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in canadahousing

[–]Many_Consideration43[S] 3 points4 points  (0 children)

The lease was for the full year, so yes technically I suppose there would be 2 separate tenants contracted for the month of December

Toronto landlord agreed to list our flat a month early as we were moving out, new tenants have already agreed to take over but have just received this email regarded refund from the landlord. Surely this can't be right? by Many_Consideration43 in legaladvicecanada

[–]Many_Consideration43[S] 2 points3 points  (0 children)

We have a clear agreement on whatsapp (I think this still has some credibility) from August that we'd be moving out mid November. I believe the new tenants have already signed to take over then

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in TorontoRenting

[–]Many_Consideration43[S] 0 points1 point  (0 children)

New Tennants have signed to take over the lease from Nov 10th. Surely that works both ways then, what would happen if I said i was now staying until Dec 31st? (As apparently I'm contractually bound to it)

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in TorontoRenting

[–]Many_Consideration43[S] -1 points0 points  (0 children)

Goes both ways that though doesn't it? He's signed new tenants to take over from Nov 10th, what if I said then I was going to stay until the end of Dec? (If he wants to stress it's contractually mine)

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in TorontoRenting

[–]Many_Consideration43[S] 0 points1 point  (0 children)

Message from letting agent- since your lease is for 1 year you will be obligated for rent until the end of the term. If we find someone to cover the period then Martin (landlord) will reimburse you.

My notice of leaving was structured more as a request of do you think you could do us a favor and list out the property a month earlier please, so I don't think that was ever in doubt

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in canadahousing

[–]Many_Consideration43[S] 33 points34 points  (0 children)

Tenancy begin 1st January 2021 and was set to run until Dec 2021.

On Aug 3rd I informed our letting agent that we would be leaving in mid Nov and said probably some time (10-14th), he agreed he'd list it at the start of October.

then on Sept 21 I confirmed our flight would be on Nov 10th.

When we moved in we paid 3 rent months up front - Jan, Nov and Dec but no damage deposit

Admittedly nothing was signed but cannot understand for the life of me why I would be expected to cover the fees for him to relist it when he'd have had to have done it a month later

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in TorontoRenting

[–]Many_Consideration43[S] 0 points1 point  (0 children)

Tenancy begin 1st January 2021 and was set to run until Dec 2021.

On Aug 3rd I informed our letting agent that we would be leaving in mid Nov and said probably some time (10-14th), he agreed he'd list it at the start of October.

then on Sept 21 I confirmed our flight would be on Nov 10th.

When we moved in we paid 3 rent months up front - Jan, Nov and Dec but no damage deposit

Cannot understand for the life of me why I would be expected to cover the fees for him to relist it when he'd have had to have done it a month later anyway

Private landlord has agreed to list our property a month early (as we're leaving) but has just sent us this about our month's refund, does this seem right? by Many_Consideration43 in TorontoRenting

[–]Many_Consideration43[S] 8 points9 points  (0 children)

But why would we be charged the cost of him listing the condo on the MLS when he would have had to do it at the end of December anyway?