Tenants Split Up Before Moving In

[Tony Miller]

Hi everyone,

I have run into an issue and I am seeking your opinions and thoughts. Here is the lowdown:

1. I live in Ontario (ugghh).

2. I have searched the Ontario RTA for information related to this issue without success. I need help understanding legal speak

3. A couple who had been together for several years signed a one year lease on 26 March. The tenancy was to begin 1 May (just a few days from now).

4. One tenant called me on Sunday (I actually listened to the message on Monday) to inform me that he and his girlfriend had broken up and will not be moving into the unit on 1 May as per the tenancy agreement.

5. I called the tenant this morning and he confirmed that they would not be moving in.

6. I am keeping records of everything (phone calls, what was said and when etc).

Can this couple actually terminate the tenancy agreement three days before they were scheduled to move in (1 May) without providing financial compensation to me or finding new tenants to take their places?

I will be happy to terminate the lease and move on if the couple will agree to pay me for one month`s rent which equals 60 days notice (they have already provided/paid first months rent). This will give me the time to find new tenants.

Any info regarding the tenants legal responsibilities will be appreciated!

Tony

 

[Berubeland]

Didn`t you collect first and last before the lease signing?

Or at least a deposit of some kind?

The period of time before the tenants move in is a grey area. The Landlord and Tenant Board has no jurisdiction over tenants before they move in and after they move out.

You could potentially try to get compensation through Small Claims.

 

[Tony Miller]

QUOTE (Berubeland @ Apr 27 2010, 09:52 PM) Didn`t you collect first and last before the lease signing?

Or at least a deposit of some kind?

The period of time before the tenants move in is a grey area. The Landlord and Tenant Board has no jurisdiction over tenants before they move in and after they move out.

You could potentially try to get compensation through Small Claims.


Yes, I collected the deposit.

I was floored today when they told me they will move in and stay until they find someone acceptable to replace them (sublet or new lease).

 

[Berubeland]

I`m not surprised.... haven`t you known people who break up and get back together on a regular basis?


QUOTE (TonyMiller @ Apr 28 2010, 04:52 PM) Yes, I collected the deposit.

I was floored today when they told me they will move in and stay until they find someone acceptable to replace them (sublet or new lease).

 

[Tony Miller]

QUOTE (Berubeland @ Apr 29 2010, 11:32 AM) I`m not surprised.... haven`t you known people who break up and get back together on a regular basis?

I`ve known some people like that - I`d rather not have them as tenants. I did my due diligence and they appeared to be a stable couple, but you never know what is going on between couples behind closed doors.