# Sublet help -- breaking a lease



## evab (Nov 22, 2011)

Hi there,

I recently agreed to sublet a portion of studio space here in Toronto.
I submitted a security deposit and signed a lease stating the following:

"This agreement hereby states the renter shall give 60 days notice before vacating or leaving the space. As such the sublandlord agrees to give 60 days notice to vacate unit."

I decided to pull out because I later found out that the tenant I am subleting from did not get permission from the owner or landlord of the building that I would be moving in. She told me we would have to pretend to be sisters, and if I ever talked to him to tell him I was her sister. This was alarming and not what I agreed to. That means he can evict me any time or if he found out I was renting. So anyway, I told her I changed my mind and that I was hoping we could terminate the agreement on good terms and that I hoped she would give me my security deposit back because I hadn't even paid her first months rent. That was all I gave her as I changed my mind this week and I was supposed to move in for the 1st of Dec. She then threatened me with legal action because I signed the lease (it doesn't even state the amount of rent I'm supposed to pay her) and after much discussion she agreed to not ask me to pay 60 days worth of rent, if she got to keep the security deposit. Should I fight to get the security deposit? I could really use that money back but if she can take me to court due to our agreement for 2 months rent, I will of course forget the deposit. What rights do I have in this situation and if the lease does not state a lot of detail? What if she didn't even inform the landlord of the building that I was going to move in? Do I have any chance of getting the security deposit or am I just wasting my time? Thanks.


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## Berubeland (Sep 6, 2009)

You state it is a "studio space" is that a commercial or residential rental?


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## GeniusBoy27 (Jun 11, 2010)

Take it to court. She didn't disclose to her previous agreement with her landlord, which she is obliged to do. 

But in the future ... never agree to a sublease until you meet the owner.

Having been on the other side, we've held people to contract in courts, because we didn't like the subleasee ...


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## orange (Oct 23, 2011)

There is no such thing as a security deposit in Ontario - it is ILLEGAL for her to collect a security deposit. You should make sure she knows that. She also has no right to sublet her apartment without her landlord's consent. This is ALSO ILLEGAL. She is clearly not someone with whom you want to associate, and I would suggest you advise her that she has no legal authority to withhold your money. If she insists, tell her you will go to the landlord tenant board and let them know she is charging you a security deposit, is asking you to lie to her landlord and was untruthful to you when making the agreement. Don't give up your hard earned money to someone trying to scam both you and her landlord.


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## Berubeland (Sep 6, 2009)

The Landlord & Tenant Board would not be interested in a tenant on tenant dispute, she's not the landlord. 

Furthermore, you should never give a deposit until you are 100% sure you want the place. Once you hear the words "You're approved" the landlord has every right to keep your deposit and apply it to last month's rent. 

If you give your landlord enough notice and they are able to rerent the apartment for the same month you were getting it for then the landlord is supposed to give it back to you. 

If they cannot, then you are out of luck. This is the law. 

Every month almost I keep a security deposit. In September a tenant cancelled the day they were supposed to move in. Obviously I was unable to rent it out to a new tenant in time and they lost their deposit. Ironically for the same apartment a month earlier, I rented it to a couple and they cancelled the very next day. Once I got someone new, I gave them their deposit back. 

Some people will think this is not fair. Any other place you put a deposit down and change your mind you lose it. Why would rentals be any different. While I'm holding that place for one tenant, I'm not renting it to another and will lose out.


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## peterk (May 16, 2010)

Clearly the renter knows that trying to sublet is not allowed by the landlord, so I'm guessing that her threatening you is just a bluff to get you to back off and not report her to the owner. 

Likely if you agree to provide a credit check that the landlord expects from all his tennants, then he wouldn't care about you being a subletter anyways. I would propose this to her first.

If that won't fly with her, then I would in no uncetain terms demonstrate to her that you know she's full of crap, and that if she tried to take you to court that she would lose and likely get evicted by her landlord for an illegal sublet.

Despite her trying to bully you I'd say you are in the power position here, and I'm sure she knows it. Trying to explain that you may be able to sublet legally if you provide the correct info to the landlord would be the most peaceful route to go though..


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## Cal (Jun 17, 2009)

I would set up a time to meet w her, make sure her LL shows up. He wouldn't be impressed to hear what she is trying to pull.

Also, I think it is you who should threaten legal action if you do not get your funds returned. She tried to lease a property that she was not legally able to lease. See how far that goes in court.

P.S. she is not your friend.


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## dagman1 (Mar 3, 2010)

I think I can offer some information to help you. I wouldn't concentrate on the deposit, since landlords are allowed to collect first and last month's rent.

I'd concentrate instead on the fact that the sublandlord hasn't obtained the permission of the landlord. Obviously, if the landlord withholds consent to the sublet, the sublandlord cannot honour her obligations to you as a subtenant under your contract, so the contract is breached by her.

So the easiest way to go about this is to send her a letter requesting that she obtain written permission from the landlord that you have his or her consent to sublet the studio, and that she forward that written permission to you. When you send this letter, make it clear that you consider it an implied term of your contract that she has consent from the landlord to sublet, since otherwise you sublet would be illegal.

The landlord probably won't consent. Once she tells you that she was unable to obtain consent, you ask her for your money back on the ground that the contract is breached. If she refuses to ask, you ask her for your money back on the ground the contract is breached. Please make sure you put as much in writing as possible.

If she does not give you your money back, you need to be prepared to sue her to get your deposit back. I wouldn't worry about her suing you for breach of contract as she doesn't have a leg to stand on.


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## dagman1 (Mar 3, 2010)

Are you in college/university? If you are most student unions have a lawyer you can go to that will represent you for free.


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## balk (Dec 6, 2010)

I am amazed at how tougher laws are in Ontario than in Quebec, one of the reasons I would never buy a rental property here. Here you can sublet or assign a lease without seeking the owners approval. He has to find a reasonable reason to reject a lease assignment once you deliver the papers to him. I have been through this process twice, both when I was moving and the landlord wanted no part of posting and allowing me to break the lease early if they found someone. Well it was their surprise when they learned how the law worked. 

Sounds like there is enough sketchy stuff going on in your case to consider taking them to small claims court. This could be an alternative if it is tenant vs tenant.


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