Landlord Claim And Hearing

[MartinB]

Alright guys well im having a problem with my last apartment that i have leased with my girlfriend in 2008, in winnipeg mb, things didnt go the way we wanted to so i asked my landlord to remove me from the lease agreement since i was moving to alberta in october 1st 2008, she said yah thats fine, i said alright thank you, and my ex girlfriend continued to live there and she gave them notice nov 1st that she will be moving by january 1st, terminating the lease, and this went into a hearing beacause my name is still on there, and in hearing they said that they couldnt remove me because they would have to find a new tenant before they can do that but how would they need to do that if the premises were still vacant by my ex girlfriend? see the attached residential tenancy branch order. please i hope someone can help me out as i dont think i should be responcible for any of the amount that is owed. thanks.

P.S. i have even submitted a copy of my lease agreement in alberta from october 1st 2008 basically proof, even had my ex girlfriend write a letter to them stating that yes i have moved out of the apartment on october 1st 2008 and asked the landlord to be removed.

 

[Gail_in_Georgia]

Your attachment is difficult to read but it seems to state that the lease will end in August of 2009, correct?

If so, you both broke the lease early and are thus both responsible for the rent (and any damages above normal wear and tear) until the unit could be rerented.

A lease is a legally binding contract and someone simply giving notice that they are moving out early does not negate them from their financial responsibilities.

If you had gotten a written "OK" from the landlord or management to be taken off the lease you would have had better evidence that you were no longer reponsible for it.

Gail

 

[MartinB]

But the problem is if im not there and i told the landlord to remove myself because im moving out of the province nad my ex girlfriend will continue to rent then they shouldve removed me after asking and them saying yes. they didnt give me any paper at that time i dont know why, there for i dont know why i should be responcible for it.

 

[Gail_in_Georgia]

Because you have no documentation that your landlord agreed to remove you from this lease.

They may have been OK with all of this as long as your girlfriend continued paying the rent but when she too broke the lease in January, they decided to go after all tenants who signed the lease. This would be both you and your girlfriend.

Gail