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Old 09-11-2012, 09:33 PM   #28
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I'm not legal expert, but from my experience with rentals, unless you were dealing with a company that rent it for their commercial purpose (for their employees, filming... etc), your contract cannot go beyond the law in place. The law applied in this case is what RTB sets and not the contract law.

For a contract law to be in effect, there are certain conditions to be met. I doubt you have a lawyer or notary public to witness the signing of the lease. So, the $750/mth damage clause is virtually pointless because if your tenant claims you made her to sign it without full-disclosure/unfair treatment, you could lose the effect of the entire contract. Don't go that route.

What I'd do is basically prepare a plan. Let's say that you are willing to null the contract if she pays you one additional month (as it might be hard to find a tenant for Oct). Go talk with the tenant nicely about your condition, what you could do in your power and your offer. Then make sure that you let her know that you have every intention to go after all the legal options available to you if she doesn't agree with you. Then get her to sign the plan you presented her.

Because sure there is way to make her to fulfill the lease (legally speaking), but the amount of resources you have to put into to enforce that isn't worth it. You'd first have to go through RTB for everything, tries to re-rent it... etc. And when RTB finally awards whatever amount RTB thinks she owes, it could be a PITA to actually find the tenant and ask her to pay.
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