Inquiry About Ending A Fixed Term Rental Lease

KatM

New Member
Jun 21, 2010
4
0
1
Edmonton
Hi,

I was wondering if anyone can help us. We're having a tough time finding someone to take our lease and we have to move out soon. My fiance and a friend of his signed a one year lease to rent a townhouse with Esquire Management.

When we moved in here on the first week of January, everything was dirty and a lot of things needed to be fixed. Including the continues running of one of the toilet which ended up costing us $500 on our first water bill. They didn't reimburse us. They promised to fix all of it in two weeks, and they did most of it except for the biggest problem we have.

The dishwasher and refrigerator is still leaking and our kitchen is constantly flooding. We might already have molds in this place because most of our food, even just left for a day or two on the counter, it'll get molded. I might be allergic to the mold as well, because I've been having a bunch of symptoms and I'm going to my doctor to get it checked. We asked them to fixed it up, but the landlady didn't do so until probably almost 2 months of us constantly calling them. They finally sent someone to fix it and both of the unit are old. The repairman told us to contact the management and tell them that they should replace it soon. If was fine for a month but right now it's still constantly leaking. The fridge froze our vegetables and even eggs. It's been about 3 months now and they still haven't replaced it.

To top it all off, they were eager to kick us out before (around April) and sent us 2 eviction notes in a month which is not really our fault to begin with and it has something to do with the wrongly billed utility bill which is the 3rd parties fault.

Also, they were trying to kick us out because of the constant noise complain coming from our townhouse. Which amazes me because when they asked about it, they apparently have gotten multiple noise complains (maybe around 30s or so) but note this that those noise complain are either in the morning or afternoon which is another thing that bugs me is that the people here works night shift and still sleeping at that time or either preparing for work. None of them are after 11pm except for 1 probably because there was a party at that day. Also, those noise complains are about constantly thumping (probably the laundry) or something like that, someone even complain about yelling and stuffs like that on certain days, but we know for sure no one was home or at least they're out at work.

Now, my fiance and I are planning to move out but he's still legally bound to the lease. Also, his friend is planning to move to BC next month as well, and even if we stay, this place it too big for two people, and it'll be a waste of money. Is there any way to get out of the fixed term lease? And if necessary, do we have to seek of legal consultation or hire a lawyer? How much would it cost us to do so?

That is all. I'm really hoping to hear your reply soon. Thank you.
Kat M.
 

lone wolf

Grossly Underrated
Nov 25, 2006
32,493
212
63
In the bush near Sudbury
I think the terms of your contract were already breached when the landlord failed to supply livable conditions, and broken with the eviction notices. Is there a rent review board there?
 

KatM

New Member
Jun 21, 2010
4
0
1
Edmonton
I think the terms of your contract were already breached when the landlord failed to supply livable conditions, and broken with the eviction notices. Is there a rent review board there?

Thanks for your input. I needed some advice and more information about this because we are planning on just hiring a lawyer to end our lease. I wanted to know if I was right about the matter and that they have already breached our contract.

You want someone to take over your lease on this place? You did such
a great description with it's ills, who would take you up on that offer?

You might want to do a bit of reading on the following LINK, & then contact
these folks: Renting in Alberta | CMHC

Haha, you said it... but well, to tell the truth, when I put up the ad before it was simply just the basics that was put on there. I didn't mention the management's fault whatsoever. We just wanted to get us out of here. They kept telling us that they will change the dishwasher & fridge but it's been so long that we can't really function and live properly here.

Also, about that link, thank you but I already read the whole thing before and I've sent a message to them asking for advice and what we should do. Hopefully I'll get a reply soon.
 

Liberalman

Senate Member
Mar 18, 2007
5,623
36
48
Toronto
To top it all off, they were eager to kick us out before (around April) and sent us 2 eviction notes in a month which is not really our fault to begin with and it has something to do with the wrongly billed utility bill which is the 3rd parties fault.

Wouldn't an eviction make your lease null and void?
 

KatM

New Member
Jun 21, 2010
4
0
1
Edmonton
Wouldn't an eviction make your lease null and void?

We talked and cleared things out with them regarding the mixed up, so no I don't think it did. There was no point in sending us that eviction note in the first place because it was clearly not our fault. But it really seemed like the landlord wanted to kick us out of here... also, just so you know we were suspecting at that time that they might have found someone else to take this place that's why they did that. Now, I think that they don't have anyone to take over anymore that's why we haven't heard them complain lately. We always pay the rent on time or early, that's why they can't really say anything or do anything to us.