My daughter is out of the country for about 6 weeks returning Feb 10 at which time she will be required to quarantine for 14 days, not allowed to leave her suite or permit anyone entering. Her 1 year fixed term lease expires at the end of February, leaving her about 4 days to move out after her quarantine period. Prior to leaving the country, she had planned to renew her lease, until the landlord indicated the rent would be increasing $100 per month.
The Landlord has made it clear that they have the right to show the premises at any time, and no intention of relinquishing that right, and therefore my daughter must find someplace else to reside during her 14 day quarantine. This would seem to meet the definition of a Frustrated Contract.
“A frustrated contract is a contract that, subsequent to its formation, and without fault of either party, is incapable of being performed due to an unforeseen event (or events), resulting in the obligations under the contract being radically different from those contemplated by the parties to the contract.” Cut and pasted from Google.
Realizing that my daughter would not be allowed to quarantine in her rented premises, we moved all her belongings into storage, cleaned the suite and turned in the keys a week ago.
We have also noticed a very strange clause in her lease:
2.(c ) The Terms and Conditions and all Schedules of this Lease continue with the Occupancy of the Owner’s property by the Tenant until the Tenant either signs a new lease with the Owner or vacates the premises, which ever occurs first.
This seems very strange to me, but it appears that the Terms and Conditions of the lease have no effect after the Tenant vacates the premises.
So the question is, do we file a claim for Frustration or simply that the Tenant has vacated the premises and rent is no longer payable?