View Single Post
Old 10-31-2014, 08:49 PM   #4
lowside67
Old School RS
 
lowside67's Avatar
 
Join Date: May 2004
Location: Port Moody
Posts: 4,641
Thanked 4,157 Times in 1,262 Posts
Failed 130 Times in 80 Posts
Quote:
Originally Posted by blkgsr View Post
i know he's liable for the remaining months (Dec-March).....my dad likes this guy (so do i he keeps the house spotless) and has recommended i reduce the rent to a point he can pay but i obviously still need my mortgage covered....i've told my dad to tell him to try to find another roommate so we'll see how that goes

i've got enough lawyers in my family to tie this guy up in court and get any owned money from him but i don't want to ruin this kids life over something unfortunate like his brother
If you have lawyers in the family, they will probably remind you that although you have a lease, the tenant is not automatically liable for the rent for December to March. What the tenant IS liable for, is any lost rent while you make a reasonable effort to rent the unit out.

In other words, if he tells you he can pay November but not December onwards, and you are able to rent it out for the same money starting December 1st, he doesn't owe you a cent.

If he moved out December 1 but you couldn't rent it until January 1, he would be liable for one month which is the lost rental revenue. However, you have to demonstrate that you made a good effort to rent it - some people are under the impression that they can just not do anything, and then sue for the lost rent since it's less work than finding a tenant, but this is not accurate.

Hope that helps,
Mark
__________________
I'm old now - boring street cars and sweet race cars.
lowside67 is offline   Reply With Quote
This post thanked by: