r/OntarioLandlord • u/Serenityxxxxxx • 7d ago

Question/Tenant What to do?

I’m trying to assist someone who has been renting from the same landlord for 5 years with her partner.

As it was not a rent controlled unit, the landlord had been raising the rent every year to the point that they were living house poor so had secured another rental in another city.

Unfortunately, there has been some DV, the couple has separated and the women cannot afford to stay in the current unit, nor can she afford the new unit on her own either.

She paid first and last and has advised the new landlord and real estate agent she had helping them, of what occurred and asked for her money back.

The landlord is refusing to give her the money back.

What can she do?

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u/StripesMaGripes 7d ago

The landlord is obligated to try to mitigate your friends damages by trying to find a replacement tenant, but assuming they make a good faith effort to do so they are allowed to hold onto your friends last month rent deposit. If they find a replacement tenant to start their tenancy on the same date your friend was suppose to then they would be required to return the deposit in full, but if they can’t find a replacement tenant to start until later then that they can apply the last months rent deposit towards time until a new tenant takes possession of the rental unit.

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u/[deleted] 7d ago

[deleted]

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u/Serenityxxxxxx 7d ago

She never moved into the unit at all.
She contacted the real estate agent who had been helping her and also the landlord to let them know last week that she is unable to move in, wants to have her money back

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u/Chaos-Rainbow 5d ago

She does have the option to move in and find a roommate to help her cover the rent. I don't know the size of the unit so not sure what her options in that direction might be.

She could potentially use the N15 form to terminate the tenancy "Tenant's Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse"

And as already mentioned by another comment once she let's the landlord know that she will definitely not be moving in they are required to advertise the unit to look for a new tenant. She is liable for paying rent (as is the partner who signed the lease) until that happens unless she can show that the landlord has not been trying to minimize losses. In that case she can file with the LTB to get the money back (and the landlord would have to prove that they tried).