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We've got an offer in on a townhouse. We're currently in a lease that started in February for our apt.
I know I have to give a full 60 days. Also I think the management company charges $100.
Has anyone tried to get out of a apt lease? Good stories bad stories, any tips?
Should I get a lawyer immediately? or is one really not neccessary?

jeremy
Just set your closing date to two months from the home inspection if you get that far.

I'd like to help, but we were renting without an agreement / lease. I just found out that one of the guys that works for me at the office needed a new place to rent, so I let him view our apartment myself. When he decided he wanted it, I had him arrange a meeting with our landlords. He's taking it over Sept. 1st, half a month earlier than we would have had to stay with 60 days' notice. We only had to pay the August rent, and if we're finally out before the end of August, he can move in early and pay me a pro-rated amount for the remainder of the month. Our closing date in August 19th, accelerated because the sellers are moving to Nfld.

Maybe you could swing an appropriately similar deal and just eat the 100 bucks BS service charge you're getting smacked with?
j3rt,Jul 31 2005, 10:37 AM Wrote:We've got an offer in on a townhouse.  We're currently in a lease that started in February for our apt.
I know I have to give a full 60 days.  Also I think the management company charges $100.
Has anyone tried to get out of a apt lease?  Good stories bad stories, any tips?
Should I get a lawyer immediately? or is one really not neccessary?

jeremy
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I've just PM'ed you with the gory details, I'm on MSN weeknights if you need more info ;)

NefCanuck
how is that apt man/? I am looking for a place,
it's a quiet building, great neighbors, clean all the time, good location,
we're in a 2bedroom, 1 bath, diningroom, livingroom, parking. $950. we've been in it 6 months, it had new carpet, paint, fridge, kitchen floor, bathtub/tiles & floor.
Lots of space for the 2 of us.
Strictly NO PETS.

Nefcanuck, got your pm, thanks it was helpful.

As for the timing, I'm not too worried, potential possession (potential being condtional financing etc etc) is Sept 15. What I'm worried about is being nailed for rent on the remainder of the lease. However, if I've got a potential tenant for them....
yo J...so that 950 including everything...no extras!? what kinda lease do they require 6 mos. 12 mos..?? first/last obviously!?
j3rt,Aug 1 2005, 09:15 PM Wrote:Nefcanuck, got your pm, thanks it was helpful.

As for the timing, I'm not too worried,  potential possession (potential being condtional financing etc etc) is Sept 15.  What I'm worried about is being nailed for rent on the remainder of the lease.  However, if I've got a potential tenant for them....
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You're welcome (Gawd, I even give legal advice when I'm not at work... I need that three weeks in September more than I thought :rofl:)

Good luck on the paperwork!

P.S. if you do bring them a potential assignee, make sure you get them to tell you if the landlord tries anything stupid (IE: Charge more rent than you are paying or try to get them to sign a new one year lease) anything like that and bingo, they just gave you the option of the thirty day notice I mentioned in the PM

NefCanuck
Paul, sent you a PM.

Nefcanuk, the best scenario for me would be to break the lease, and not have to sublet. Which I think the management would prefer also.
I'm counting on having to pay Sept rent and have my last months go to Oct.
Nefcanuck:

how often do landlords (or management companies in my case) take tenants to SCC as you mentioned in the PM?
AFAIK, 60 days notice is what is required to get out of a rental agreement...

you have to have a lawyer for your purchase anyway...so may as well get the most bang for your buck and question them on this issue too ;)
J man./..check your PM
j3rt,Aug 3 2005, 11:13 AM Wrote:Nefcanuck:

how often do landlords (or management companies in my case) take tenants to SCC as you mentioned in the PM?
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Actually quite a lot these days. esp. if they have other units sitting empty as well. Landlords would rather try and get something for asn empty unit as opposed to nothing. I see many people in my job who left old apartments and the landlord chased them through SCC (Which if the tenants were unaware of the application as well means trying to set aside a default judgement, not an easy task in and of itself <_< )

NefCanuck
Marction,Aug 3 2005, 02:43 PM Wrote:AFAIK, 60 days notice is what is required to get out of a rental agreement...
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Only if you have no lease (Month to month) or are 60 days to the exipry of your lease. It's why I always recommend going to a monthly tenancy as soon as you can, but for the first year you're generally stuck unless the landlord is extremely reasonable.

NefCanuck