Moving out - replacement tenant

GlobalSun

According to my lease, I need to find a replacement. My ideal scenario would be to find someone who can move in in January to absorb a portion of the rent as my notice is 56 days based on RTB stipulations. Notice was given last week.

However, according to the current lease, the new tenant needs to be approved by the remaining tenants. One of the remaining tenants delegated the choice of tenant to the other remaining tenant. I'm in charge of coordinating the applications & viewings. However, the remaining tenant has come up with the below demands, which in my opinion, go above regular requirements:
- Female preferred
- European - she's particular about countries it seems as she keeps asking me where are these people from and said she wants to focus on "Europe"
- Not a student or someone under 25
- Not a couple
- If male, he has to agree to pay for a cleaning person to come every 2 weeks

Whilst I appreciate the need to feel comfortable with a prospective tenant, we're in a pandemic, Christmas is approaching and she's making these ludicrous demands.

I'm going to lose both my deposit and January rent at this rate. I will try to accommodate and see how it goes until next week. If no progression, it gets escalated to the agent. I told this remaining tenant that I understand their perspective, but me not finding a tenant is going to lead to forfeiting my deposit. If they are willing to take their time, fine by me, but they need to pay up and absorb the rent.

As these demands are slightly extreme, is there any chance to get the agent involved to have them manage the process or to terminate the tenancy immediately? I am aware that RTB stipulates that in case suitable replacements are denied by the landlord without reasonable grounds, you can terminate your tenancy and not lose your deposit. However, as I am dealing with co-tenants, it is different.

Any advice would be greatly appreciated.

Thank you.

Caranica

Age, gender and nationality/ethnicity are some of the grounds you cannot legally discriminate on so she's on thin ice there.

Peregrinus

Caranica wrote: »

Age, gender and nationality/ethnicity are some of the grounds you cannot legally discriminate on so she's on thin ice there.

There's an exemption in the Equal Status Act under which discrimination is not prohibited in relation to the provision of accommodation by a person in a part of the person’s home.

Still, I don't think the exemption applies here. If the landlord lived in the house and took in roommates (e.g. to help him finance the mortgage) then he could discriminate on the grounds of age, gender, nationality, etc. That's because he's providing accommodation in his own home. But it's the co-tenant who wants to discriminate. Although this is her home, she's not providing accommodation to the new tenant (or to you); the landlord is. So she's not entitled to discriminate.

And nor is the landlord, he's providing accommodation, but not in his own home.

antoinolachtnai

First, the tenant is entitled to have requirements including requirements in relation to origin, gender and age. This is because this has to do with the activities within the tenant's home. People are entitled to a large degree of freedom in how they conduct affairs within their homes. There is such a thing as going too far certainly. But is this going too far? Maybe, maybe not.

Second, and this is the real issue. Even if you feel the tenant (really the two tenants) are wrong in what she/they is doing, you have no practical redress. Your only option is go to the Courts and seek relief. This is unlikely to be affordable, practical or fruitful.

This all has nothing to do with the agent. It is entirely to do with the relationship between the tenants. The fact that the tenant has wronged you (if it is a fact) doesn't mean that you then have the right not to meet your obligations (i.e., pay rent) going forward.

Maybe your agent might be able to put in a helpful word somewhere but he/she doesn't have to.

The other real option is to just give notice on the whole apartment. If there is deep disagreement between the tenants, then this is really the thing to do.

In the end you have to negotiate your way out of this.

The exact wording of your lease may make a difference but it is unlikely to be much of a difference.

GlobalSun

Hi all,

Thank you.

There are various aspects to be taken into consideration here:

1. I am liable for the portion of the rent until my lease is effectively terminated. However, if the room remains vacant, neither tenant will be liable for the unpaid rent. This is where the agent gets involved. I doubt the agent will want to explain to the owners why they are not getting rent on a room this month or next month when suitable tenants have been submitted for approval and got denied on discriminatory grounds. We had an issue this summer where we couldn't find a tenant due to the pandemic and the agent got involved out of their own free will.

2. As stated above, if we cannot find a replacement tenant despite my best efforts, I effectively lose my deposit. It is definitely not fair as I have been trying my best to find a new tenant. The fact that I may lose my deposit over discriminatory denials is quite unreasonable. I would appreciate it if I hadn't taken the steps to search for a replacement, but I am going above and beyond at this point and it is all down to the remaining tenants' approval.

3. The agent will definitely get involved if we cannot find a replacement as he will have to explain to the owners why they are not getting a portion of the rent and it is not likely to go down too well.

I am seeking to involve the agent to have him manage the search process as opposed to me having to manoeuvre with someone who 1. pushed me out of the house by disregarding pandemic rules 2. clearly has no issue discriminating against. If the agent manages the search process, this tenant will be less likely to apply their own discriminatory agenda.

Whilst I appreciate everyone have control over whatever is conducted within their home, I very much doubt that there is no legal ground to counter discrimination against potential tenants. Most countries have basic regulations against this.

Peregrinus

antoinolachtnai wrote: »

First, the tenant is entitled to have requirements including requirements in relation to origin, gender and age. This is because this has to do with the activities within the tenant's home. People are entitled to a large degree of freedom in how they conduct affairs within their homes. There is such a thing as going too far certainly. But is this going too far? Maybe, maybe not.

For the reason already given, I'm not sure that this is correct. The landlord can't discriminate on any of the probited grounds because he's not providing accommodation in his own home. And the co-tenant can't discriminate because she's not providing the accommodation in her home.

Why does the co-tenant have any say in the matter at all? Because, it seems from the OP, the landlord has made it a condition of the agreement with each tenant (a) that if they leave before the term is up, they have to find a replacement tenant, and (b) that the replacement tenant must be acceptable to the co-tenant. But if the landlord couldn't himself object to a replacement tenant on the grounds of being Jewish, or male, or African, or whatever, then I don't think he can enforce a clause in the lease in which (effectively) he is discriminating on such grounds because the co-tenant wants him to.

antoinolachtnai wrote: »

Second, and this is the real issue. Even if you feel the tenant (really the two tenants) are wrong in what she/they is doing, you have no practical redress. Your only option is go to the Courts and seek relief. This is unlikely to be affordable, practical or fruitful.

This all has nothing to do with the agent. It is entirely to do with the relationship between the tenants. The fact that the tenant has wronged you (if it is a fact) doesn't mean that you then have the right not to meet your obligations (i.e., pay rent) going forward.

Maybe your agent might be able to put in a helpful word somewhere but he/she doesn't have to.

I disagree. The agent is the landlord's agent. Part of their role is to advise the landlord. If the clause in the lease which allows the landlord to reject a replacement tenant because a co-tenant objects on one of the prohibited grounds is illegal and unenforceable - and I think it is - then the agent should point this out to the landord, and point out the dangers of attempting to enforce it, and of ending up in a dispute in the tribunal which the landlord is likely to lose. So, I'd point this out to the agent, and urge the agent to encourage the landlord to accept any replacement tenant if the grounds on which the co-tenant objects are any of the prohibited grounds. If the agent looks into the matter they should realise that, yes, this is the advice they should be offering the landlord.

antoinolachtnai wrote: »

The other real option is to just give notice on the whole apartment. If there is deep disagreement between the tenants, then this is really the thing to do.

Presumably, the OP can't unilaterally give notice on the whole apartment; all the co-tenants would have to do that together and the OP can't force them to. And they have no reason to agree to, if they think they can veto any replacement tenant and remain in the apartment.

antoinolachtnai wrote: »

In the end you have to negotiate your way out of this.

A negotiated solution is always preferable to a dispute. But the negotiation is likely to go much better if both sides have a shared understanding of how a dispute would go. The landlord needs to understand that, if this does end up as a dispute in the tribunal, there's a good chance that he'll lose it, and what he needs to do now is to manage the co-tenant's expectations. She can object to a replacement tenant, but not on any of the prohibited grounds; she needs to understand that if her objection is to nationality or gender or age, the landlord will not back her up on it.

Vestiapx

You simply have to get a tenant as per the lease. What does the lease, not the other people living in the building with whom you have no agreement, state with regard to this clause?

While I understand you have stated that the new tenant must be approved I think that the exact wording is important. Get three options any options and have them disapproved and the tell the agent that you have been unable to find a replacement. They can try to chase you for the remaining rent but they will probably not succeed.

Peregrinus

Vestiapx wrote: »

You simply have to get a tenant as per the lease. What does the lease, not the other people living in the building with whom you have no agreement, state with regard to this clause?

Answered in the OP:

GlobalSun wrote: »

. . . according to the current lease, the new tenant needs to be approved by the remaining tenants.

dzsfah2xoynme9

GlobalSun wrote: »

- If male, he has to agree to pay for a cleaning person to come every 2 weeks

That's madness. Does she think men are dirtier than women or something?

Vestiapx

Peregrinus wrote: »

Answered in the OP:

Seems totally unenforceable and unrealistic if that is the wording. Take a case where one tenant falls out with the others, the others can punish the one by simply refusing to approve a replacement and also have a quieter home. Also as in this case the other can apparently apply racist, ageist and sexist criteria to the selection process.

Peregrinus

Vestiapx wrote: »

Seems totally unenforceable and unrealistic if that is the wording.

Would be readily enforceable if the co-tenant's objections are not on any of the prohibited grounds. So a co-tenant could object to a replacement tenant who had poor personal hygiene or antisocial habits or a conviction for an offence of dishonesty or on the grounds that they smoked dope or whatever. Just not on the grounds of sex, age, ethnicity, disability, et.

Vestiapx

Peregrinus wrote: »

Would be readily enforceable if the co-tenant's objections are not on any of the prohibited grounds. So a co-tenant could object to a replacement tenant who had poor personal hygiene or antisocial habits or a conviction for an offence of dishonesty or on the grounds that they smoked dope or whatever. Just not on the grounds of sex, age, ethnicity, disability, et.

Which is why the OP should just get three options that are non smoking and you know; clean.

GlobalSun

Vestiapx wrote: »

You simply have to get a tenant as per the lease. What does the lease, not the other people living in the building with whom you have no agreement, state with regard to this clause?

While I understand you have stated that the new tenant must be approved I think that the exact wording is important. Get three options any options and have them disapproved and the tell the agent that you have been unable to find a replacement. They can try to chase you for the remaining rent but they will probably not succeed.

This is the wording as per the lease agreement. "Any new tenant needs to be approved by the co-tenants and the landlord". There is not much it, pretty straight forward. It's a one sentence clause.

The building is not managed by a single agent or management company. Therefore, there is no uniform lease.

This was my plan. Get a few options, once they get disapproved, I involve the agent to advise them that all three suitable options got disapproved on unreasonable grounds. Then, it will be up to the agent to sort it out of the remaining tenants. I'm not going to keep paying rent until the "perfect" replacement is found (this is what the co-tenant advised - she wants the "perfect" replacement which is a ludicrous expectation during times like these).

GlobalSun

Erick Harsh Face wrote: »

That's madness. Does she think men are dirtier than women or something?

God only knows. It puts an added pressure and restriction. Not every potential tenant can afford a cleaning service every two weeks. This is ridiculous. Besides, this is something she should discuss with the new tenant after they've moved in, not at this stage. She's going to be living in the place, not me. Why would I be discussing cleaning matters for a place I'm leaving?

I think she's taking advantage of the fact that my notice is 56 days and clearly wants me to stay until the very end of my notice period and lose my deposit if we can't find a replacement, whilst she's putting in place these ridiculous requirements. She even went as far as asking me whether I really needed to move in January (I'm getting a headache from all this).

My idea was to find a tenant who can move in some time in January to absorb a portion of the rent instead of me paying rent for two places at the same time. Of course, if we can't find someone based on reasonable grounds, I'll pay the rent. However, it seems reason has gone out of the window.

I'm not willing to put up with this. Therefore, I'm covering my back by conducting viewings with both females & males who seem suitable and keeping all communications. If she keeps denying them, I'll escalate to the agent and negotiate an early termination for the end of December.

cruizer101

I would be inclined to notify the agent straight away of her extreme requirements, give them a heads up that there is likely going to be an issue they need to deal with and see how they respond.

The best solution is if you can find someone to fit her requirements, extreme as they are.
To be fair the couple one kinda goes without saying, and the age one I can understand.
The sex one is bizarre given her condition of paying for cleaner, that sounds like a change in the lease conditions.

No way you should be out a pocket if you give her a few reasonable options though.

Mrs OBumble

Do you meet the co-tenants requirements?

If so, she is simply asking you to replace like with like. This isn't unreasonable.

GlobalSun

Mrs OBumble wrote: »

Do you meet the co-tenants requirements?

If so, she is simply asking you to replace like with like. This isn't unreasonable.

I was here before she even arrived. I've been living at this place four years ago, she moved in 6 months ago and has been utterly disrespectful of pandemic restrictions. She's not in a good position to make any demands in my eyes.

There are plenty of people out there who meet the tenant requirements. There is no need to discriminate. Like for like is one thing, discriminating based on age/race/gender is another altogether in addition to adding ludicrous requirements based on gender (e.g: compulsory cleaning service if it is a male).

You do realize she is severely restricting the pool of applicants with these requirements and I will be losing money in the process. I'm surprised someone would see this as reasonable. If the market was still fine, I wouldn't have been more relaxed, but Christmas + pandemic. What planet does she live on?

I'm moving out because of her, so in my eyes, she has no legitimacy to make demands. She never cleaned aside from a tiny square in the living area, keep bringing guests over during a lockdown (without our consent) and has been downright rude since day 1. She's got no legitimacy in my eyes.

GlobalSun

cruizer101 wrote: »

I would be inclined to notify the agent straight away of her extreme requirements, give them a heads up that there is likely going to be an issue they need to deal with and see how they respond.

The best solution is if you can find someone to fit her requirements, extreme as they are.
To be fair the couple one kinda goes without saying, and the age one I can understand.
The sex one is bizarre given her condition of paying for cleaner, that sounds like a change in the lease conditions.

No way you should be out a pocket if you give her a few reasonable options though.

Couples, I agree but it is ironic as her boyfriend is sleeps over multiple times a week. She never even gave us an courtesy or heads up, even during pandemic restrictions.

The age - if the person has the means to pay for the place & is a professional, I don't see what's the problem to be honest. Is she assuming all 22/24 years olds are party animals? She said: "I don't want someone younger as we're at different stages of life". Fair enough, but you can be 30 and still act like a teenager (encountered this issue with the previous tenant). Age isn't an indicator.

I'm picking the following:
- Non-smoker
- Professional
- Quiet/calm (based on their presentation) / not party animals
- Friendly
- No couples

The change in requirements depending on age is ridiculous, same for ethnicity.

Again, people can come across one way during the viewing and switch their tone once they move in. It's not my responsibility.

I posted the ad two days ago. I'll accommodate until next week, see how it goes. If I'm not getting any reasonable traction, it's getting escalated & flagged to the agent (I need to protect my deposit and January rent).

GlobalSun

I have to add that my conscience is killing me to have to turn some people down or ignore their enquiries because they're not Europe based (whatever this means). It goes against every single one of my principle and I'm not comfortable doing this.

Mimon

GlobalSun wrote: »

I have to add that my conscience is killing me to have to turn some people down or ignore their enquiries because they're not Europe based (whatever this means). It goes against every single one of my principle and I'm not comfortable doing this.

Yeh is a tough one but in this case it is probably better to be pragmatic so you won't be out of pocket.

Remember in a houseshare feeling sorry for a really nice Dutch girl who was looking to move into our house. She was vetoed by one of the lads because she was Muslim. She asked me for feedback as she was finding it hard to get a place and was wondering was it because she wore a veil

GlobalSun

g

Mimon wrote: »

Yeh is a tough one but in this case it is probably better to be pragmatic so you won't be out of pocket.

Remember in a houseshare feeling sorry for a really nice Dutch girl who was looking to move into our house. She was vetoed by one of the lads because she was Muslim. She asked me for feedback as she was finding it hard to get a place and was wondering was it because she wore a veil

It's terrible. I have to be pragmatic indeed. I simply tell those potential tenants that we already have a couple of applications lined up, we're deciding on a final choice and that should there be any change, I'll reach out.

My roommate also does not realize that I am not fully "European" either. It's not really noticeable in my appearance. People are simply seeking a chance at having a roof over their head during this time and a saturated housing market.

At least, it confirmed my decision to move out. I was not feeling her from day 1 and she has been acting strange the whole time. It just confirmed my gut feeling. She's not one I want in my sphere.

XVII

so the lease actually states BOTH that you have to find replacement and that it needs to be approved by landlord and tenants? That's quite unusual one. Pretty ****ed if you ask me.

GlobalSun

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antoinolachtnai

Peregrinus wrote: »

The landlord needs to understand that, if this does end up as a dispute in the tribunal, there's a good chance that he'll lose it, and what he needs to do now is to manage the co-tenant's expectations. She can object to a replacement tenant, but not on any of the prohibited grounds; she needs to understand that if her objection is to nationality or gender or age, the landlord will not back her up on it.

It is not the landlord's problem that the OP's joint tenant (whom the OP presumably had a hand in approving) is a difficult person.

It is hard to see how a dispute between tenants could be subject matter for the tribunal. S75 and S76 doesn't allow this on the face of it.

The landlord doesn't have to 'back' anybody.

endofrainbow

Some of the biggest party animals I ever met were 'professionals' !

GlobalSun

endofrainbow wrote: »

Some of the biggest party animals I ever met were 'professionals' !

Same here! The girl who was there before this tenant was a party animal, even during the pandemic. Refusing a potential tenant on the basis of "we're at different stages of life" wouldn't go down to well with an agent. This is not a valid ground. Subjective yes, valid not so much.

I think this girl is completely disconnected from reality, if you ask me. Besides, she moved 8 times in 2 years, so I don't think she's has the right profile to vet potential tenants.

Lenar3556

I would propose a replacement tenant, (or two) which in your reasonable estimation were suitable.

Your moving on - leave it to the others to soft out thereafter.

Withhold some rent if people are being unreasonable and this is necessary to protect your deposit etc..

GlobalSun

I already presented 3 tenants:

One graduate female - she got rejected because she's a student and the co-tenant was wondering why she decided to come to Dublin to study remotely (none of her business quite frankly).

One professional male - simply because he seemed like a party animal (he never spoke about partying etc..).

All "non-European" options have been declined. I think she doesn't realize Christmas is coming and we're in a pandemic. She doesn't have the luxury to nit-pick. I'm giving her an additional week. After that, the agent will be involved.

I still have to conduct another three viewings. I'm capping this at 10. If they don't manage to approve any of these applications, I'll escalate to the agent. January rent won't be paid out of pocket if I feel as though the grounds for rejection are unreasonable. This girl is taking this out of proportion.

She suggested to a prospective tenant to bring a cleaning service over every 2 weeks without even agreeing to it with the other remaining tenant beforehand. He was surprised when she brought this up during the viewing. I told her that gender has nothing to do with cleaning standards. She said she's looking for the perfect roommate because she wants a clean and quite house as she has things to do that require concentration. In this case, she should be living on her own. She hasn't been "quiet" the whole time she's been here and in addition, her cleaning was limited to the kitchen area not the full common area. She's basically looking for an in-house maid with doormat tendencies.

Ridiculous. I'm glad I won't be putting up with this piece of work any longer.

GlobalSun

10 viewings later, we're still nowhere.

She set forth unrealistic criteria based on nationality, race, gender, age. Then, when I brought people who fit her criteria, she still managed to find an issue with them. For instance, a girl arrived late because she couldn't find the neighborhood (in all fairness, it doesn't show up on Google Maps at all) and my roommate said: "she seems unreliable". Then I brought another professional guy who fit the criteria and he asked if he could bring his girlfriend over once a week, she paused and say "yes, that shouldn't be a problem". After he left, she told me she wasn't sure about him because people from his country tend to be party people when he had already said he doesn't throw parties (he seemed serious and calm). I quickly gathered she doesn't want him to bring his girlfriend over once a week, when she has been bringing her boyfriend over twice a week during lockdown unannounced each time. It had nothing to do with nationality.

We had about 10 viewings and she rejected them all. In all fairness, a few said they truly liked the apartment, but weren't interested in moving forward. I assume it has something to do with her attendance at these viewings as she sounds controlling and already set a few rules by addressing the potential tenants as follows:

- I want a calm house because I have things to do like studying and working

- I want a cleaner to make sure everything is neat or alternatively, you need to assist me with the cleaning

She'd walk into the living area during the viewing, not introduce herself or anything and ask: "So are you interested" right away without even attempting at getting to know the person. Worst sales/people skills I have ever encountered in my life for sure.

She doesn't realize it's not just her apartment. There's another tenant and the third tenant will have rights as well. I have a feeling those who rejected the place (which is amazing and good value for the price), did it because they didn't like her. She has poor people skills and this is part of the reason why I'm moving out. She thinks the world revolves around her. Then she started asking me whether I really need to move in January. She pushed me out of the door with her behavior and still thinks I'm going to stay paying rent until she takes her sweet time to nit-pick on every applicant. I've already given my notice to the agent, I'll give her another week, if nothing comes out of it, I'm handing over the process to the agent.

rock22

GlobalSun wrote: »

10 viewings later, we're still nowhere.

..........

, I'll give her another week, if nothing comes out of it, I'm handing over the process to the agent.

Why?
Clearly she is being unreasonable.
Pass on the details of the ten replacements you have got to the agent and indicate that you are leaving

GlobalSun

rock22 wrote: »

Why?
Clearly she is being unreasonable.
Pass on the details of the ten replacements you have got to the agent and indicate that you are leaving

She is. Gender, I can understand for "pseudo" safety concerns (although she lived alone with a guy and said it was fine. Plus, the other co-tenant is a male). However, wanting someone close to her own age (she's 26), who is not a college student, who is not Spanish or Indian or French or whatever nationality other she's going to add to her blacklist, who doesn't bring their partner over when she brings her and who is willing to pay for a cleaning service.. This is too much for my taste. The new agent will manage the property from this week on - if there is no resolution to this by Friday, I'll ring them and ask to reduce my notice period to terminate the lease on Jan. 1st and highlight the unreasonable criteria as grounds. She'll have to absorb the January rent. I'm sure the agent will understand my perspective.

The age and nationality requirements are the most shocking to me. She makes assumptions based on nationality and age. I'll give her an ultimatum after today's viewings and tell her we need to broaden our pool of applicants or it's getting escalated to the agent. I warned her yesterday already and she went silent on me.

At this rate, I'm going to lose both my deposit and January rent when I could have find someone far quicker than this if she wasn't involved in the process.

endofrainbow

Could I ask what nationality she herself is ?

GlobalSun

endofrainbow wrote: »

Could I ask what nationality she herself is ?

Italian.

davindub

GlobalSun wrote: »

She is. Gender, I can understand for "pseudo" safety concerns (although she liked alone with a guy and said it was fine and the other co-tenant is a male). However, wanting someone close to her own age (she's 26), who is not a college student, who is not Spanish or Indian or French or whatever nationality other she's going to add to her blacklist, who doesn't bring their partner over when she brings her and who is willing to pay for a cleaning service.. This is too much for my taste. The new agent will manage the property from this week on - if there is no resolution to this by Friday, I'll ring them and ask to reduce my notice period to terminate the lease on Jan. 1st and address the unreasonable criteria as grounds. She'll have to absorb the January rent. I'm sure the agent will understand my perspective.

The age and nationality requirements are the most shocking to me. She makes assumptions based on nationality and age. I'll give her an ultimatum after today's viewings and tell her we need to broaden our pool of applicants or it's getting escalated to the agent. I warned her yesterday already and she went silent on me.

At this rate, I'm going to lose both my deposit and January rent when I could have find someone far quicker than this if she wasn't involved in the process.

Why ring the agent? The agent should not be involved when replacing a co-tenant.

Notice periods need to be reasonable for the circumstances rather than follow the RTA requirements (RTA does not apply).

The equal status act does not apply as the tenant is not the accommodation provider but on the other hand the term requiring you to replace yourself/ approve "replacement tenants" is not enforceable through the RTB. The remedy for the landlord if it were enforceable would be to issue a termination notice to the tenancy which is shared between the tenants, which would not deter you anyway.

What remains is your responsibility to the other tenants under licence. That gets a little more complex as you are dealing with the district courts for remedies, but the simplest way to describe this is that if you were just to leave, the potential for damages is the unpaid rent while the remaining tenants would be required to mitigate their losses by finding a replacement licensee (to become a tenant on request to the landlord) or by giving notice on the entire property.

I think you should probably see if FLAC/threshold will give you an appointment to explain further, but I don't see any reason why you couldn't leave on the 31st Dec and tell the tenants to find a tenant they would like themselves.

GlobalSun

davindub wrote: »

Why ring the agent? The agent should not be involved when replacing a co-tenant.

Notice periods need to be reasonable for the circumstances rather than follow the RTA requirements (RTA does not apply).

The equal status act does not apply as the tenant is not the accommodation provider but on the other hand the term requiring you to replace yourself/ approve "replacement tenants" is not enforceable through the RTB. The remedy for the landlord if it were enforceable would be to issue a termination notice to the tenancy which is shared between the tenants, which would not deter you anyway.

What remains is your responsibility to the other tenants under licence. That gets a little more complex as you are dealing with the district courts for remedies, but the simplest way to describe this is that if you were just to leave, the potential for damages is the unpaid rent while the remaining tenants would be required to mitigate their losses by finding a replacement licensee (to become a tenant on request to the landlord) or by giving notice on the entire property.

I think you should probably see if FLAC/threshold will give you an appointment to explain further, but I don't see any reason why you couldn't leave on the 31st Dec and tell the tenants to find a tenant they would like themselves.

There are lease stipulations at stake.

1. The burden of finding a replacement falls on me.
2. The new tenant needs to be approved by both the landlord & the co-tenants.
3. There is no shared liability in case of missed rent. The landlord has to absorb the cost themselves as we all have separate leases. That's where the agent will need to get involved because if we can't find a tenant, the owner/landlord will have to absorb the rent which I'm sure they won't be happy about, especially if they find out one of the co-tenants has been nit-picking on discriminatory grounds. We had trouble finding a new tenant in July and the agent got involved to protect the owner's interests. Based on the current lease, the agent cannot enforce shared liability, but might give her an ultimatum if she chooses to take her time.

In any case, if I exit the apartment on Dec 31st without finding a replacement, I will lose my deposit, again based on lease stipulations and that is what I am trying to avoid.

davindub

GlobalSun wrote: »

There are lease stipulations at stake.

1. The burden of finding a replacement falls on me.
2. The new tenant needs to be approved by both the landlord & the co-tenants.
3. There is no shared liability in case of missed rent. The landlord has to absorb the cost themselves as we all have separate leases. That's where the agent will need to get involved because if we can't find a tenant, the owner/landlord will have to absorb the rent which I'm sure they won't be happy about, especially if they find out one of the co-tenants has been nit-picking on discriminatory grounds. We had trouble finding a new tenant in July and the agent got involved to protect the owner's interests. Based on the current lease, the agent cannot enforce shared liability, but might give her an ultimatum if she chooses to take her time.

In any case, if I exit the apartment on Dec 31st without finding a replacement, I will lose my deposit, again based on lease stipulations and that is what I am trying to avoid.

There is no automatic loss of the deposit but I think the missing part of your OP is that you have given notice to the landlord but there is a term to seek a replacement tenant to shorten the notice period?

If so, equal status act now applies, the landlord is responsible for any breaches of the EQ acts in selecting a new tenant.

I would look past the lease, again the landlord must mitigate their loss in the event of a breach of the contract and terms must not contradict the RTA. So if you move out on the 31 dec, it does not mean your deposit can be retained automatically.

GlobalSun

davindub wrote: »

There is no automatic loss of the deposit but I think the missing part of your OP is that you have given notice to the landlord but there is a term to seek a replacement tenant to shorten the notice period?

If so, equal status act now applies, the landlord is responsible for any breaches of the EQ acts in selecting a new tenant.

I would look past the lease, again the landlord must mitigate their loss in the event of a breach of the contract and terms must not contradict the RTA. So if you move out on the 31 dec, it does not mean your deposit can be retained automatically.

I gave my notice to the landlord (56 days, based on RTB stipulations) and I am seeking a tenant who can move in some time early to mid-January to shorten the notice period & therefore lessen the January rent liability on my side as I am ready to move out as soon as possible.

According to the lease, if I cannot find a tenant by the end of January (which is went my notice period elapses), I will have to forfeit my deposit on top of having paid full January rent. It is of course the scenario I am trying to avoid.

I understand I need to look past the lease, but the agent/landlord will probably not look at it that way. If I move out on Dec. 31st without proper grounds, I will be in breach.

davindub

GlobalSun wrote: »

I gave my notice to the landlord (56 days, based on RTB stipulations) and I am seeking a tenant who can move in some time early to mid-January to shorten the notice period & therefore lessen the January rent liability on my side as I am ready to move out as soon as possible.

According to the lease, if I cannot find a tenant by the end of January (which is went my notice period elapses), I will have to forfeit my deposit on top of having paid full January rent. It is of course the scenario I am trying to avoid.

I understand I need to look past the lease, but the agent/landlord will probably not look at it that way. If I move out on Dec. 31st without proper grounds, I will be in breach.

Forget this:

According to the lease, if I cannot find a tenant by the end of January (which is went my notice period elapses), I will have to forfeit my deposit on top of having paid full January rent. It is of course the scenario I am trying to avoid.

It is a breach of the RTA termination procedures.

As regards to shorten the notice period, discuss with the LL, they cannot discriminate (or allow the tenant) to discriminate on the 9 grounds, which has already occurred, any person who has applied already who has been discriminated against could take a case if they choose.

I understand your reluctance to breach the lease but it is an option, the landlord would be entitled to some compensation but it is not the full deposit as you think.

Anyway, best of luck with it.

GlobalSun

davindub wrote: »

Forget this:

According to the lease, if I cannot find a tenant by the end of January (which is went my notice period elapses), I will have to forfeit my deposit on top of having paid full January rent. It is of course the scenario I am trying to avoid.

It is a breach of the RTA termination procedures.

As regards to shorten the notice period, discuss with the LL, they cannot discriminate (or allow the tenant) to discriminate on the 9 grounds, which has already occurred, any person who has applied already who has been discriminated against could take a case if they choose.

I understand your reluctance to breach the lease but it is an option, the landlord would be entitled to some compensation but it is not the full deposit as you think.

Anyway, best of luck with it.

Thank you.

Yes that's the goal. I will have a chat with the agent & highlight the difficult nature of the co-tenant throughout the process to see if I can shorten the notice period.

seagull

Suggest that he will find it far easier to relet the property if he gets rid of her.

GlobalSun

seagull wrote: »

Suggest that he will find it far easier to relet the property if he gets rid of her.

If he gets rid of her, he won't have to relet, I'm staying!

She's a serious pain. She has been harassing him to change her bedroom carpet when he's already told her no. The bedroom carpet is perfectly fine. But yes, if he gets rid of her, he'll relet within a day.