Illigal use of deposit
While renting on a month to month bases the Landlord gave us notice to be out at the end of October. Since our search for a new suitable home took longer then expected we where concerned that we might not be able to reach the deadline. We requested a potential extension in the event that we might need it. Our understanding was that if we could not leave at the specified time we would be able to stay a extra month. We where fortunately able to meet the original request and had to pay a new deposit and first months rent for the new place in order to secure it.
Now we are being told that we can not move out and if we do we are still liable for the month that we requested the extension for. The agent is telling us that they will pay the land lord out of our rent. We will not be living there and would like to know what I can do to prevent them from robbing us in this manner?
Nothing stops a tenant from canceling lease before the stated period whether monthly or annual lease. Infact, it is within the tenant’s right to cancel at any time however he/she must give at the least 20days notice. The notice days can be lesser or more depending on any mutual agreement in respect. The reason why notice is important is to give landlord the ample time to advertise for the vacancy of the apartment. The landlord is entitled to claim early cancellation penalty fee from the tenant. Coming to your case, your deposit, if any, must be refunded. Is the agent entitled to withhold the entire rent amount as cancellation penalty? I do not know regrettably but you can get the answer immediately if you contact the Rental Housing Tribunal.