I'm in a rather unpleasant situation. I've rushed into signing a lease for one room for July 1st on June 30 for one year. Three days later I informed the landlord I will not occupy the room and asked to cancel the lease, I've tried in many possible ways to work this one out with the landlord but the landlord was very unapproachable and when he did reply he replied with "you have a lease and you have to honor it". I never moved into the room or entered it since that initial seeing in June.

As for most leases, you have to pay the first and last month rent which I did when I signed the lease. Now I have paid July's month but August is one week ahead and I'm 100% he will ask for the rent. I want to know what are my rights in this situation? I don't want to pay but I want to know what path I can take and be in right side of the law.

  • The exact procedure here depends on the wording in the lease, does your lease have some clause for breaking the contract and what the remedy is? – Ron Beyer Jul 26 '18 at 2:40
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    Quick question: Are you renting out a room that is shared with the landlord or other people, or have you rented out an entire apartment? This would figure out whether you're covered by the Residential Tenancies Act. – Zizouz212 Jul 26 '18 at 4:03
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    @davidgo If the Residential Tenancies Act applies, the tenant can assign or sublet the lease, and in the case where that fails, the landlord has a duty to minimize their losses. Any disputes would have to be resolved by the Landlord and Tenants Board for Ontario. If it doesn't apply, then IIRC it would just be a simple lease and would have to be resolved as a civil matter. – Zizouz212 Jul 26 '18 at 4:10
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    Does the landlord live in the house? And more importantly, do you share a kitchen or bathroom with the landlord or any of their family? If this is true, then you don't have a residential tenancy under the RTA (exempt under s. 5(i), which means that your course of action would be very different. Also, the use of the word "premise" has no legally-enshrined meaning IIRC. As for not paying, you'd be liable to the landlord losses under the RTA (though the landlord has to take every action to minimize those losses). Without the RTA, the landlord would have to take you to court. I'm not sure though. – Zizouz212 Jul 26 '18 at 15:00
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    @EGN Under RTA, everything is done through the landlord and tenant board. Any legal action would take place there. As for the idea of leaving, this page might be useful. – Zizouz212 Jul 26 '18 at 21:58

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