Apartment Leasing

[Rhiannercakes 14]

Okay well I'm sick of hijacking the Montreal topic, so here we go.

Okay so, if you didn't read the other stuff, here's what's going on.

- I'm currently living in my boss's apartment, she is no longer living here.

- As I'm aware, the landlord does not know I'm living here. Or maybe she is and is just turning a blind eye to it.

- My boss has absolutely no interest in coming back to this apartment and I am not paying her more than the rent, so I am not subleasing.

- Her lease expires January 15th, 2010.

- I'm residing in Ontario.

I just called her and told her about this lease assignment thing and she said she's called someone about it and asked a while ago.

She was told she can not assign the lease to me and that I HAVE to sign a new lease.

(I do not believe this as she doesn't remember seeing a "No Assignment Agreement" clause in her lease)

She was also told that once her lease is up she must sign a new one or she has to leave.

Are the people who own these apartments trying to take advantage of our lack of knowledge or are they allowed to make up their own "clauses"?

I would like to take over the lease without having to sign a new one, then live here by a monthly basis until I have gotten my visa.

I've found the definition for "Lease Assignment":

"Transfer by the original tenant (the assignor) of his or her rights to a sub-tenant (the assignee) to use the leased property. However, the assignor remains liable under the original lease contract unless expressly released by the landlord."

I'm looking into finding someone in town that can assist me just in case, since I really do think the people who own this complex of apartments is really trying to screw us over.

I'm grateful for the help I've already gotten, but now I'm wondering if I can even really do it, since the people who own the complex really insist that I have to sign a new lease.

[trailmix 77]

I am not familiar with Ontario's tenant law, but I would say absolutely they can ask you to sign a lease or move out.

[Spoom 8]

She was told she can not assign the lease to me and that I HAVE to sign a new lease.

The landlord may be correct here. Under the RTA, they can refuse an assignment if they have good grounds.

She was also told that once her lease is up she must sign a new one or she has to leave.

This, however, is an outright lie in the province of Ontario. Any lease that is not expressly renewed or terminated becomes a month-to-month lease automatically, and the landlord would have no way of evicting the current tenant.

Are the people who own these apartments trying to take advantage of our lack of knowledge or are they allowed to make up their own "clauses"?

I would like to take over the lease without having to sign a new one, then live here by a monthly basis until I have gotten my visa.

Read the Residential Tenancy Act cover to cover, at least as it relates to tenancy (the Board organization stuff is not really necessary). Your landlord does seem to be making up laws that don't exist here.

I've found the definition for "Lease Assignment":

"Transfer by the original tenant (the assignor) of his or her rights to a sub-tenant (the assignee) to use the leased property. However, the assignor remains liable under the original lease contract unless expressly released by the landlord."

Again, as far as Ontario is concerned, that is not the correct definition. The RTA says:

Consequences of assignment

( 8 ) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and,

( a ) the assignee is liable to the landlord for any breach of the tenant’s obligations and may enforce against the landlord any of the landlord’s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment, whether or not the breach or obligation also related to a period before the assignment;

( b ) the former tenant is liable to the landlord for any breach of the tenant’s obligations and may enforce against the landlord any of the landlord’s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment;

( c ) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding.

2006, c. 17, s. 95 ( 8 ).

I'm looking into finding someone in town that can assist me just in case, since I really do think the people who own this complex of apartments is really trying to screw us over.

Unfortunately it sounds like they are. See if there's a tenants' group in the city you're in, they may be able to help you. And I can't say this enough, read the RTA, you have more rights than you think. (Did you know that any "no pets" clauses in Ontario lease agreements are null and void on their face, for example?)

Disclaimer: I am not a lawyer, do not consider this legal advice.

Edited October 17, 2009 by Spoom

[Rhiannercakes 14]

Ah Spoom, you're awesome. <3

[ashenflowers 5]

ooo.. I see... if they've already mentioned that they want her to sign a new lease or move out, then they might not be as lenient as I first thought/hoped. I mean really, all you can do is try talking to the landlord to figure out a situation that works best.

If you are forced to move out, do you know anyone else you can temporarily live with for a month or two?

It seems some other people are giving some good references to actual laws and what not, which may come in handy. I'd suggest reading up on those if you can, and again, just talk it out with the landlord and your boss

[Rhiannercakes 14]

I'll be reading the tenant act for the next little bit. My fiance's at work and the friend I usually talk to is out at the movies.

If I still don't really get it, maybe one of the companies that sell houses can refer me to someone.

I also need a look at her lease.

Thank you thank you so much again for taking the time in helping meeeee <3

And I can go home at last resort, but that'd suck.

Edited October 17, 2009 by Rhiann

[Spoom 8]

No problem, I hate to see people get screwed over like this. (And if your landlord says you signed any rights away from that act with the lease, they're wrong.)

[Spoom 8]

By the way, I wouldn't mention to your landlord that you were there at all except as a visitor, since that would be a cause for eviction and termination of the lease.

As far as he / she knows, your boss has been the one staying there but wants to assign the lease to you now. (Another reason why you should see the landlord together.)

Edited October 17, 2009 by Spoom

[Rhiannercakes 14]

By the way, I wouldn't mention to your landlord that you were there at all except as a visitor, since that would be a cause for eviction and termination of the lease.

As far as he / she knows, your boss has been the one staying there but wants to assign the lease to you now. (Another reason why you should see the landlord together.)

And that's how they see it as.

As far as they know, she's still living here (part time at least) and that I stay with her time to time, like maybe one day at a time, once a week or something.

I'm sure she knows there's someone here pretty much all the time (since there's power being used at all times), but she doesn't seem to know I'm living here full time.

Edited October 17, 2009 by Rhiann

[ashenflowers 5]

By the way, I wouldn't mention to your landlord that you were there at all except as a visitor, since that would be a cause for eviction and termination of the lease.

As far as he / she knows, your boss has been the one staying there but wants to assign the lease to you now. (Another reason why you should see the landlord together.)

And that's how they see it as.

As far as they know, she's still living here (part time at least) and that I stay with her time to time, like maybe one day at a time, once a week or something.

I'm sure she knows there's someone here pretty much all the time (since there's power being used at all times), but she doesn't seem to know I'm living here full time.

well... the link does say

"Time limitation

(2) An application under subsection (1) must be made no later than 60 days after the landlord discovers the unauthorized occupancy."

soo... I mean, if the landlord hasn't said anything, does that mean they haven't discovered that you are occupying the place unauthorized? lol

[Rhiannercakes 14]

By the way, I wouldn't mention to your landlord that you were there at all except as a visitor, since that would be a cause for eviction and termination of the lease.

As far as he / she knows, your boss has been the one staying there but wants to assign the lease to you now. (Another reason why you should see the landlord together.)

And that's how they see it as.

As far as they know, she's still living here (part time at least) and that I stay with her time to time, like maybe one day at a time, once a week or something.

I'm sure she knows there's someone here pretty much all the time (since there's power being used at all times), but she doesn't seem to know I'm living here full time.

well... the link does say

"Time limitation

(2) An application under subsection (1) must be made no later than 60 days after the landlord discovers the unauthorized occupancy."

soo... I mean, if the landlord hasn't said anything, does that mean they haven't discovered that you are occupying the place unauthorized? lol

Most likely, or she's turning a blind eye.

She's the mother of my boss's daughter's friend, not like that should have anything to do with it...

Edited October 17, 2009 by Rhiann

[christeen 966]

Not familiar with the tenancy laws in Canada, However, I am a landlord and I know that it is EXTREMELY difficult to throw sombody out (had to do it one time).. Guy did not pay rent for 60 days, after sending legal notices, waiting for enforcement and all the other steps, it took me another 4 months for me to evict the guy... So dont be too ready to just move out, there are usually lots of steps that the landlord will have to take...

You might do some googling on tenant rights and how to evict someone (so you know what they will have to go through)... Hopefully it will not come to this... However, if necessary, you might just buy yourself enough time for the visa to be approved??? Plus, technically, they are not evicting you, but your boss which might complicate things for them???

[Rhiannercakes 14]

Not familiar with the tenancy laws in Canada, However, I am a landlord and I know that it is EXTREMELY difficult to throw sombody out (had to do it one time).. Guy did not pay rent for 60 days, after sending legal notices, waiting for enforcement and all the other steps, it took me another 4 months for me to evict the guy... So dont be too ready to just move out, there are usually lots of steps that the landlord will have to take...

You might do some googling on tenant rights and how to evict someone (so you know what they will have to go through)... Hopefully it will not come to this... However, if necessary, you might just buy yourself enough time for the visa to be approved??? Plus, technically, they are not evicting you, but your boss which might complicate things for them???

I'm reading the Residential Tenancies Act for Ontario Canada right now, it's so confusing

Hoping I can find something to help me through it.

But I've been here for almost 6 months here by myself... you think they'd notice SOMETHING by now.

I mean I leave my apartment at least 4 times a day, even if only for 7 minutes to take my dog out.

I sometimes wonder if they turn a blind eye to things every once and a while, since I'm not making noise, using excessive power, getting complaints about me, rent is being paid in full and on time, etc.

But it never hurts to read more things about this.

Edited October 17, 2009 by Rhiann

[Spoom 8]

And that's how they see it as.

As far as they know, she's still living here (part time at least) and that I stay with her time to time, like maybe one day at a time, once a week or something.

I'm sure she knows there's someone here pretty much all the time (since there's power being used at all times), but she doesn't seem to know I'm living here full time.

I wouldn't rely on the 60-day eviction notice limitation because all the landlord would have to do is claim that they only found out about it when you went to talk to them.

It is quite difficult to evict someone in Ontario (there usually has to be a hearing before the Board first), however, an eviction notice could, for example, ruin your credit, so I'd try to avoid it.

If you have any questions about the RTA, feel free to ask; while I'm not a lawyer I can generally understand laws pretty well.

Edited October 17, 2009 by Spoom

[KnJ 0]

You're great, spoom.

Rhiann, while I haven't any experience with being evicted, I have read almost the whole Act. Spoom is showing you important info. Often landlords don't know the Act either, and so it can be hard to say whether they are knowingly taking advantage of uneducated tenants or just uneducated themselves and thinking they have more power than they do since after all it's their property.

If they took this to the board, one snag might be that if your records show you have had residency there (getting your bills sent to the address for example) then are you a occasional guest, or an unauthorized occupant?

If the landlord refuses an assignment, the tenant (your boss) can give notice within 30 days that they are terminating the lease agreement. Then your boss isn't liable for the rent. But that still puts you out of a place to live.