Need Help....I am a landlord breaking a lease!

[zzap]

You should have put an umbrella clause in your contract with him saying.

"If my lease with my Landlord is to be terminated for what ever reason then this contract will then become void"


If you forgot to do this then take him for the night at the Cannon Ball for lots of tequila shots and lap dances. That might help out the situation.

 

[Bobzilla]

deedles: Most of the advice you have been given in this thread is out to lunch...

I deal with both Small Claims & Housing Tribunal matters daily, and firstly, you are NOT a landlord. Someone above quoted the Tenant Protection Act, which clearly states you have to have the landlord's agreement to sublet. You don't indicate whether or not you did that, which is going to be a key issue. Second, allowing this guy to use his LMR for December is not an issue at all, & he has not legally paid all his rent owing because of it as someone else claimed. There's a legal principle that you can't profit from your own misdoing; in this case, he'd be profiting by not paying December's rent & being let off the hook for doing it. Basically, this guy's blowing smoke. He's got to be out money to sue & he's got to be able to prove it's because of you. If you gave proper notice to vacate, & told him about it, you're off the hook. If you want more info, feel free to PM & for God's sake, disregard anything that has to do with Judge Judy!!

 

[Mr. K]

First, the Tenant Protection Act DOES NOT apply in this case. When you share a bathroom and kitchen with someone, the TPA does not apply.

Second, whether you had a one-year lease or not, you provided him with 60 days notice to vacate. That amount is considered to be a standard period of time.

The fact that he used "last month's rent" in December and presumably had not paid you for January as of 1 January 2005, would put him in arrears, and as such, in breach of contract.

In short, let him try and take you to court. I think he will find that the costs involved to bring the case and the time and inconvenience will not make it worth his time - not to mention that he will probably lose.

My judgement in this case is for "deedles".

 

[deedles]

Thanks for all the comments and advice on this issue! I was searching the internet for about an hour last night, and then it occurred to me, why don't I go to the place where I can get the best advice!! TERB! And sure enough, you guys have pulled through! Thanks so much!

I talked to my roomate today, and it looks like we have come to an agreement. I am going to help him look for a new house, help him to move his stuff by offering a truck for him, and he seems to be understanding of the situation!