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Difference between revisions of "Moving Out When Renting"
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Moving Out When Renting (view source)
Revision as of 18:10, 24 January 2014
, 18:10, 24 January 2014→Charges for breaking a lease
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If you move before your lease ends, you could be responsible for your landlord’s advertising and administrative costs to find another tenant. This charge is called liquidated damages. The amount should be a reasonable estimation of the cost of re-renting the place. You can dispute an unreasonable amount through a [[Dispute Resolution for Tenants|dispute resolution hearing]] at the [[Residential Tenancy Branch]]. Keep in mind that in addition to liquidated damages, you may be responsible for rent until the place is re-rented or your lease ends. | If you move before your lease ends, you could be responsible for your landlord’s advertising and administrative costs to find another tenant. This charge is called liquidated damages. The amount should be a reasonable estimation of the cost of re-renting the place. You can dispute an unreasonable amount through a [[Dispute Resolution for Tenants|dispute resolution hearing]] at the [[Residential Tenancy Branch]]. Keep in mind that in addition to liquidated damages, you may be responsible for rent until the place is re-rented or your lease ends. | ||
===Finding someone to take over your lease=== | |||
If you need to break a lease that runs for six months or more, you can find a new tenant to take your place. If you want to leave your home and not come back, you can “assign” it to another tenant. In this case, the assignee becomes responsible for the remainder of your lease. However, you may still be held responsible if the assignee does not carry out the terms of the agreement. | |||
If you want to leave your home and come back to it later, you can “sublet” to another tenant. You will be responsible for the place while you are away. You can only assign or sublet with your landlord’s permission. The landlord can’t be unreasonable or unfair in refusing permission. Get permission in writing. If the landlord won’t give permission, you can go to dispute resolution. | |||
===Moving because repairs are not done=== | |||
You may be in a situation where you are frustrated that repairs are not being done and you want to move. You should still give your landlord proper notice or else you might be charged for the next month’s rent in addition to your landlord’s cost of re-renting the place. If you are breaking a lease, then you may be charged even more. You have the right to apply for dispute resolution if there are repairs that need to be done. | |||
===When problems are so serious you can’t stay=== | |||
Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy ''(see Section 45(3) and 52 of the [[Residential Tenancy Act|RTA]]).'' Keep in mind that the Residential Tenancy Act does not define “material term” because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince an RTB dispute resolution officer that as a result of the breach the tenancy could no longer continue. Call the [http://www.tenants.bc.ca/main/?home Tenant Information Line] or the [[Residential Tenancy Branch]] for more information. | |||
