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Ontario Landlord and Tenant Act

melz
October 19th, 2005, 12:26 PM
Is anyone out here familiar with the Ontario Landlord and Tenant act?

I need some advice as to what can be done about my situation.

When I first signed the lease at my current apartment, I was told that I could give 90 days notice if I wanted to break my lease. Now I've given my notice to leave for January 1st as things aren't working out where I am. It was verbaly accepted but yesterday I found a note taped to my door saying that they refused my notice and they will hold me legaly responsible for rent until the end of the lease.

Now, in between the days of the verbaly accepted notice, and yesterday's letter, I have applied at an another apartment complex. My application was processed and accepted. I HAVE NOT signed a lease nor given deposit yet. But when i called this morning to let them knew I couldn't take the apartment, I was told that having signed the application and having been notified that it was accepted, they can hold me legaly responsible for rent payments if they can't find a new tenant for December 1st, which is the date I had accepted it for.

My question is, can they do that? Hold me responsible based on an accepted application without a lease signed or deposit made?

I need help.... this is my cry out to anybody who can offer some advice.
Feel free to pm me as well.

Thanks

Beaglemom
October 19th, 2005, 12:45 PM
I'm not too familiar with the tenant act, but do know a little bit about contracts. When you filled out the application, did you read the fine print? Double check that application and check to see if anywhere on there states that once accepted it will be considered a contract and you are held liable to make the rent payments. If that is not stated, than I would consider that just an application, not a contract.

As for breaking your lease, if it is written on your lease contract that you can break you lease by providing 90 days written notice, than your landlord should be able to release your lease, if it isn't written, then you are held legally responsible to pay your rent until your lease expires.

I found this webpage that has a number where you can get more information.
http://www.orht.gov.on.ca/userfiles/HTML/nts_3_7968_1.html#Terminating%20a%20tenancy

raingirl
October 19th, 2005, 12:54 PM
First of all, you are bound by what the lease says. The tenant act says you have to give 60 days notice, but if you signed something saying 90, you might have a problem.

When was the EXACT date you gave notice? If you want to move out November 30, you had to give WRITTEN notice with your September 1, 2005 rent. If you haven't, then you are stuck and there is nothing you can do about it. You only have to pay up to the 90 days though, not to the end of the lease. If you gave notice this week, you only have to pay rent for the 90 days of the notice required to break the lease, and not the full lease.

As for the application, the signing of an application has ABSOLUTELY NO LEGAL value. They cannot make you pay rent if they can't find a renter. You haven't signed anything but an application, which isn't an agreement of any kind.

** sorry, just re-read your post. For a Jan 1st, 2006 leave, you needed to submit something in writing on Oct 1, 2005 with your rent.

After re-reading your post I note you were "told" that you had to give 90 days notice. Is it actually written in your lease? if not, then legally, you only have to give 60 days.

If it is 90 days, and written in the lease, and say (for example) you gave notice today, you would legally have to pay rent up to January 19, 2005.

YOu can call the ORHT (Ontario Rental Housing Tribunal) at:

For more information about your rights and obligations, you can contact the Tribunal at 416-645-8080 or toll-free 1-888-332- 3234.

melz
October 19th, 2005, 01:16 PM
I completely understand being liable for the apartment for which I have signed the lease back in August. I am ok with that - because having explained the reason to the landlord that I was ready to leave, they are taking the proper measures to ensure that the problem be resolved.

Now that being said, it is not written in my lease that I can give 90 days notice. I was told this by the person who showed me the apartment (who is the owners secretary) There was obviously a misunderstanding of some sort so I am ok to stay at the apartment until the end of my lease.

As for the new apartment complex, when I signed the application it was written under "information": "If accepted, the applicant agrees to enter into the Lanlords usual form of Tenancy Agreement, prior to occupency" When I questioned others about this (I couldn't question the gal at the complex's office because she was away for a bit) I was told that it means that if you sign the lease prior to my moving date, that makes me liable for the apartment. If its just an application, not to worry about.

Now they are telling me that I am responsible for the apartment until a tenant is found because I have signed this application. Is this right?

I'm trying not to stress out until I get the final answer from everyone. I've called legal aid and they said that an application can't hold me accountable for the apartment applied for, but I was told by housing help ontario that if its written on the application, it makes it a legal document.

I'm confused.