Since your landlord is offering existing tenants large cash incentives to move out, presumably to move in new tenants who will pay much higher rents, it sounds like your landlord will not be keen on assigning the lease to your name. “But by doing that, you could also swift consequences where you’ve alerted the landlord you’ve poked the bear.” “It’s hard to give advice in these situations because there’s what the law says,” explains Sa’d. If your landlord finds out that the original tenants are no longer living in the rental, they could evict the current tenants again using the Unauthorized Occupant argument.īut for many Torontonians, that’s worth the risk. With our low vacancy rate and sky-rocketing rents, this scenario plays out all the time in Toronto, where nice, cheap apartments are like secret gems that are kept and traded within groups of friends. The third option is to simply maintain the status quo: pay your rent on time and don’t try to make any changes to the lease in order to keep affordable rents locked-in. This scenario requires cooperation from both parties, though, and in breakups, that’s not always possible. Once you’re added to the lease and have more security, you could ask the landlord to remove the other name. “ is a strong argument if they’re cohabiting and have children.’” “Depending how amicable the couple parting ways is, before he leaves, rather than assign he can get her added to the lease,” says Sa’d. If you don’t want to risk the assignment route, another option is getting your ex to ask the landlord to add your name to the lease – without removing his name. As Sa’d explains, though, there are various factors the board takes into account when making a decision including whether the landlord was aware of the change and didn’t take prompt action, if the couple have a child together who lives in the unit, or who signed rent cheques. In the worst-case scenario, the landlord could claim you’re an “unauthorized occupant” – since your name is not on the lease – and try to evict you through the Landlord and Tenant Board (LTB). “But if they disagree, this issue is now flagged and they may scrutinize your situation more.” On the one hand, if you ask your landlord to assign and they agree, then great, there’s nothing to worry about,” says Sa’d. But the landlord is not obligated to accept or even consider an assignment. One option is to ask your landlord to assign the lease to your name, which essentially means you would take over the lease and the responsibilities as a tenant. To find out, I spoke with Toronto lawyer Caryma Sa’d, who specializes in tenant and landlord issues. In Toronto, the enormous stress of a breakup or divorce is magnified by the tight rental market, forcing couples who rent to ask dozens of hard questions: Who gets to stay in the apartment? Can one person afford to pay the rent? How long will it take to find another rental? And, in this case, what happens if only one person’s name is on the lease? Some couples are moving in together just to save on rent, while some are cohabiting long after they’ve broken up simply because they can’t afford to move elsewhere. Any advice on what I can do?Ī: The housing crisis is making relationships even more complicated. I’m afraid my ex will take this incentive and give notice to the landlord, and I’ll be out on the street. To complicate matters, the building recently changed hands and the new owners are offering money to residents if they move out. I’m nervous about telling my landlord to add my name to the lease – and ideally remove my ex – because although I have excellent credit, I don’t work full-time. The problem is that only his name is on the lease. I’m separated from my ex and he moved out a year ago. If they've been a problem or broken promises, remind them that they have not held up their end of the bargain and need to move on to a new environment.Q: I’ve lived in a spacious two-bedroom near my kids’ school for the past five years. Stick to the reasons you drafted earlier.They may even be able to get temporary housing. If they are at risk for living in their car or on the streets, help them get in contact with emergency homeless-prevention services. Depending on the reason why they are staying with you, you may need to gather information on community assistance services to help them move out in time.Say, "We've enjoyed having you, but we unfortunately need our space back and have to ask you to leave in the next two weeks.".Speak to them as you would a co-worker, sticking to the facts and not emotional outbursts. Lay out your reasons for asking them to leave, and let them know that you understand how hard this is. Although you may be feeling violated, fed up, or sick and tired, it is important not to explode and make unreasonable demands. Speak with a reasonable and respectful tone of voice.
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