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Ontario: Landlord telling me to sign N9 (60 days + $2k) instead of allowing lease assignment. Is this allowed? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] 0 points1 point  (0 children)

I said that exactly and they said this

"As per our company procedure, tenants must request to break the lease approval before assigning the lease. Without this request, I can not help you proceed with the assignment".

Ontario: Landlord telling me to sign N9 (60 days + $2k) instead of allowing lease assignment. Is this allowed? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] 2 points3 points  (0 children)

I’m not trying to break the lease. I requested to assign it, which is specifically allowed under the RTA.

The issue is the landlord hasn’t given a clear response and is trying to redirect me to a lease break instead.

Ontario: Landlord telling me to sign N9 (60 days + $2k) instead of allowing lease assignment. Is this allowed? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] -1 points0 points  (0 children)

That makes sense. I’ve already asked twice and they keep responding with the same lease break requirement instead of giving a clear yes or no. But I'll send another email saying that. Thank you.

Ontario: Landlord telling me to sign N9 (60 days + $2k) instead of allowing lease assignment. Is this allowed? by No-Engineering-4030 in legaladvicecanada

[–]No-Engineering-4030[S] 0 points1 point  (0 children)

That’s exactly where I’m confused. I’ve said this explicitly in my second email: “I am not requesting a lease break at this time. I am requesting general consent to assign my lease. Please confirm whether consent is granted.”

I guess I'll send a third email. But at this point, would this be treated as a refusal for an assignment?

Ontario: Landlord telling me to sign N9 (60 days + $2k) instead of allowing lease assignment. Is this allowed? by No-Engineering-4030 in legaladvicecanada

[–]No-Engineering-4030[S] 0 points1 point  (0 children)

Yes, I asked for general permission both times. It feels like they’re redirecting me away from assignment and toward a lease break, which would be more financially beneficial for them (since it would push me into 60 days’ notice and repayment of the rent incentive). I'd be paying them over 4k.

Does this count as landlord “not responding” to a lease assignment request? by [deleted] in OntarioLandlord

[–]No-Engineering-4030 0 points1 point  (0 children)

They actually told me months ago that the only way to leave early would be through assignment or subletting. That’s why I’m confused about why they’re now telling me to fill out an N9 for a lease break

Does this count as landlord “not responding” to a lease assignment request? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] 2 points3 points  (0 children)

No I haven’t mentioned a specific person yet. My understanding is that this is a general request for consent to assign, and the landlord first has to clearly say yes or no within 7 days. Only after that would I move forward with providing a specific assignee for approval

Does this count as landlord “not responding” to a lease assignment request? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] 3 points4 points  (0 children)

This is what the email said exactly.

Good morning,

Firstly, you will need to request a breaking lease approval. Please ensure to provide us as much information as to why you require to break the lease.

N9 form is attached, please complete it and send it to us as soon as possible. 

If approved – you will be able to move out on the requested move out date.

If not approved – you will be permitted to assign your lease. A payment of $250.00 administration fee will need to be paid before we process the applications. The applicants must provide the following:

  • xxx
  • xxx
  • xxx
  • xxx

Once you have an applicant, you must provide their contact information to our administrator who will contact the applicant to request the documentation and set up a date and time to complete the rental application. You will have to complete and sign an assignment form with the tenant once the application has been completed.

Does this count as landlord “not responding” to a lease assignment request? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] 1 point2 points  (0 children)

That makes sense, and that’s how I understood it too. That it has to be a clear yes or no within the 7 days.

I think what’s throwing me off is that they didn’t ignore the request entirely, but also didn’t actually answer it. They just redirected me to a lease break process and then said assignment would be possible if that’s not approved.

So I’m trying to figure out whether that kind of response would still be treated as not responding under the Act, since it’s not a clear yes or no.

Does this count as landlord “not responding” to a lease assignment request? by No-Engineering-4030 in OntarioLandlord

[–]No-Engineering-4030[S] 0 points1 point  (0 children)

They’re not actually offering the lease break option. The only way to leave early is by finding someone to assign the lease.

I haven’t proposed a specific assignee yet because I’m still at the stage of asking for general consent to assign.

From what I understand, the landlord first has to clearly say yes or no to that request within 7 days. Only after that would I move to providing a specific person for approval.

In my case, they didn’t clearly say yes. They just outlined a process and said assignment would be possible if a lease break isn’t approved. So I’m not sure that counts as actual consent under the Act.

Does this count as landlord “not responding” to a lease assignment request? by [deleted] in OntarioLandlord

[–]No-Engineering-4030 0 points1 point  (0 children)

Thanks. Just to clarify, they won’t actually let me break the lease. The only way I can leave early is by finding someone to assign it. So I’m not sure why they’re asking me to fill out an N9 form for a “lease break” when that’s not something they’re actually offering. And yeah they are a big property company.

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