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 Related Legal Forms Provided by LawDepot.com
- Lease Assignment Agreement
- Sublease Agreement
Q: I cosigned a 1 year fixed term lease in a west end small complex for my student daughter and her friend. The lease ends Aug 31 and they have to vacate May 1 as they were unable to secure summer jobs in the Lower Mainland.They wrote to the property manager requesting to sublet as it said to get his permission in the lease. He refused saying the Development Company does not feel it is reasonable as a higher turnover creates instability in the building and causes us to incur higher than budgeted turnover costs. Is that adequate reason to refuse? They want us to turnover the damage deposit as liquidated damages and also be responsible for rent payment should they not be able to rent the apartment.. They have agreed to work diligently to rent out the apartment with new tenants and new lease starting May 1.
We considered going to arbitration but were told that it could take 4-8 weeks for a decision. Can we ask for a quicker decision? Do they have the right to withhold the right to sublet as well as the damage deposit ($650)? We understand that we are responsible for the rent but this seems a bit of a cash grab. We will have to make sure that they are vigilant in renting the flat as well which may involve watching the for rent notices. My daughter advertized the apartment as a sublet and she got over 20 replies in one day but the manager still said no sublet.
Thanks for your consideration
A: The Residential Tenancy Office website is located at http://www.rto.gov.bc.ca/
This website includes Fact Sheets and Policy papers on most topics the RTO is called on to decide. You will want to look at the RTO’s publications on subletting in particular, and liquidated damages too. The general rule is that the landlord cannot unreasonably with-hold permission to sub-let. If the landlord were to pursue the tenant for any loss, he would have to prove what his losses actually are, and same diff’ for damages. Forfeiting the security deposit? Security deposits are governed by the legislation too. The landlord has obligations under the legislation to handle security deposits according to the Act, and to return them as well – subject to claim. If your tenancy agreement does speak of ‘liquidated damages’, you’ll want to have a squiz at the RTO piece on these. If there isn’t anything about ‘liquidated damages’ in the written agreement, what the landlord is now asking for may well be recognized as a penalty. If so, you may wish to present the landlord with the question as to under what section of the Act the landlord is permitted to invoke a penalty for the infraction he claims. Both landlords and tenants are required to play by the rules. Both are well advised to check the rule book. Once again, the rule book is located at http://www.rto.gov.bc.ca/


 
 

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