Landlord lied about my lease

[tmlskk01]

Last year I asked my landlord how to go about not renewing my lease as I would be finding a place for this sept that would allow me to have a 6 month lease (moving back home after I finish school) he said that since I lived here for a year I would have the option to go month to month after this year, great! Or so I thought. I just gave notice that I would be leaving in Feb and the property management company said I was tied in 'till sept! They said since I didnt give written notice last spring that my lease automatically renewed for a year and that the super was wrong! Is there anything I can do other then sublet? Im SO mad!! I cant understand why the super would lie to me.

[Minou]

I guess it would be important to go through the bureaucracy of the property management company instead of relying on a conversation with the building superintendent... and to get things in writing!

Hopefully you can get things straightened out... or maybe you can sublet to someone taking intersession/summer courses in your current city?

[Tommycoupons]

Last year I asked my landlord how to go about not renewing my lease as I would be finding a place for this sept that would allow me to have a 6 month lease (moving back home after I finish school) he said that since I lived here for a year I would have the option to go month to month after this year, great! Or so I thought. I just gave notice that I would be leaving in Feb and the property management company said I was tied in 'till sept! They said since I didnt give written notice last spring that my lease automatically renewed for a year and that the super was wrong! Is there anything I can do other then sublet? Im SO mad!! I cant understand why the super would lie to me.

I really don't think they can lock you in for another year if the previous lease expired. Unless it explicitly states on the original lease that it automatically renews to another year without signing a new lease (something I have never heard of!) I'm pretty sure you should just have to give the minimum amount of notice usually 30 days.

I would really contact the "rental ombudsman" in your province. I sounds like the rental company is trying to pull a fast one on you.

[luckbealady]

I'd check your original lease.

It does sound a bit fishy that they automatically renewed your lease for a year without notice.

They may require you to give more than 30 days notice (my old apartment did, even though I was month to month after my lease expired), but I really doubt it says that you had to stay for another year.

[PurpleBunny89]

I'd check your original lease.

It does sound a bit fishy that they automatically renewed your lease for a year without notice.

They may require you to give more than 30 days notice (my old apartment did, even though I was month to month after my lease expired), but I really doubt it says that you had to stay for another year.

I agree with this person. Unless it specifically stated that it automatically renewed in your old lease then they can't just do whatever they want and you are month to month. Keeping that in mind I know in Ontario that month to month tenants are required to give atleast 60 days notice.

Last place we lived at we faxed a copy of out N9 (I think it was n9 form) form stating we would be leaving 60 days on this specific day to the managment company and we handed a copy to the landlord that way we were completely covered. We had proof of our fax as well. We didn't leave on good terms thanks to the idiot landlords and their shinanigans.

[KrazE]

Without knowing what Province you actually live in, it's tough to give you more than the basic info based on Ontario Laws at least, but I can tell you from direct experience that when a signed lease expires, and you paid on a monthly basis, you become a month to month tenant as you did not agree to, nor were provided with a new lease. Here is info from the Act as it is in Ontario pertaining to your situation:

About Ending a Tenancy

Renewing a lease

The end of a lease does not mean a tenant has to move out. A new lease can be made or the landlord and tenant can agree to renew the lease for another fixed term period.

If a new agreement is not reached, the tenant still has the right to stay:

as a monthly tenant, if they paid their rent by the month in the expired lease, or
as a weekly tenant, if they paid their rent by the week in the expired lease.

Where the tenant stays on as a monthly or weekly tenant, all the rules of the former lease will still apply to the landlord and tenant. But the landlord can increase the rent each year by the amount allowed under the Act.

If a tenant wants to leave

A tenant must give their landlord written notice if they plan to move out. The proper form for this notice (Form N9) is available from the Board. The amount of notice that is required is based on the rental period, as follows:

Monthly = 60 days notice

http://www.ltb.gov.on.ca/en/Key_Info...02_111677.html

So I had a peek & I'm assuming you're in NS; I found this:

(2) A fixed-term lease ends on the day specified in the lease and, if a tenant remains in possession with the consent of an owner, the lease is deemed to have renewed itself on a month-to-month basis.

Your original lease (that I hope you have a copy of) would have been a fixed term as it would have listed dates, and if that is correct, then you are now a month to month tenant.

Also I found this in the same document:

Notice to quit

10 (1) Notwithstanding any agreement between the landlord and tenant respecting a period of notice, notice to quit residential premises shall be given

(a) where the residential premises are let from year to year, by the tenant at least three months before the expiration of any such year;

(b) where the residential premises are let from month to month,

(i) repealed 2010, c. 72, s. 5.

(ii) by the tenant, at least one month,

http://nslegislature.ca/legc/statutes/resident.htm

[laurabak3r]

With my lease, I have to sign a paper agreeing to month-month before my year is up (3 months before) and if I don't, it automatically renews for another year. And states so on my lease. But the company I am with sends out a paper reminding you about it.

[RebeccaRYoung]

I would just read your lease to get your answers. Most leases will state the expectations of their tenants, so it should all be there.

[KrazE]

Even if it automatically renewed, you can still break a lease early with the proper amount of notice (looks like 3 months in NS)

[hollyquaiscer]

I agree with most of the above statements. First, check your lease to see if it says it's an automatic renewal if nothing new is signed. If this is the case, then you have by not signing anything, renewed your lease.

If this is the case, check your provincial laws. You may be able to pay a pentaly to break your lease, or only have to give a certain number of days notice. If the worst case scenario is true, you may only have one option, and that is to sublet it. Since you say you will be finished, I'm assuming it's near a school, and if so, hopefully you may be able to get another student to take over.

I'm so sorry this is happening to you. It's the last thing you need, more stress. Schooling is hard enough without having to worry about this kind of crap, especially when you did already speak to your building superintendent. I wish you the best of luck.