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Breaking a lease

How does one go about breaking a lease? Before you say “phone the landlord and tenant board” we have but the info they gave us was very vauge.

Recently (March 1st) we renewed our lease for our current place because we loved the last year here. Well up until we got new neighbors below us the same day. This last month has been HORRIBLE. All day all hours of the day it’s constant noise from hammering, shouting, we can even hear them walking from one side of their unit to the other. We have a baby as well and the noise gets to the point where our baby is woken up from it and when she cries they feel the need to make more noise and slam brooms or whatever on their ceiling. We’ve spoken to the landlord about it yet nothing seems to be done about it and i’v honestly had enough of the noise already. We are looking into moving however not sure how easy or if it’s even possible to get out of our lease.

Also looking for opinions on good/decent North Edmonton neighborhoods (must be north as all our doctors/jobs ect.) are here.

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23 Responses

  1. Giselle says:

    The answer to any business / lease problem is “money”. By forfeiting your damage deposit or paying an extra months rent to give the landlord time to find a new tenant, you can easily move out.

  2. Danny Dupont Danny Dupont says:

    I’ve got out of 3 leases by getting my employer to write a letter stating I am relocating out of the country for work.never had an issue with any landlord.I was a good standing Tennant who paid on time and respectful of other tenants.

  3. This just sounds crazy cuz when I lived in an apartment I always got shit for noise… my music wasn’t even loud like I could barely hear it. Just surprised the landlord hasn’t evicted. Cuz for one they’re new and 2 that’s just straight bs

  4. Becca Hunter Becca Hunter says:

    Unless you can prove the landlords are negligent or at fault, you can be on the hook for payments for the remainder of your lease.

  5. You are here: Home / Responsibilities / FAQ – Does a landlord have to do something about loud tenants?
    FAQ – Does a landlord have to do something about loud tenants?
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    One of the obligations of a landlord is to ensure that all tenants are able to peacefully enjoy their property. Loud tenants may be interfering with the rights of the other tenants. Tenants should inform their landlord about loud tenants in writing. A landlord must respond to complaints received from other tenants and make attempts to resolve the issue to ensure no one’s rights are being breached.

  6. http://www.landlordandtenant.org/responsibilities/what-if-a-tenant-breaks-a-rule-in-the-lease/

    If the other tenant is to loud (like beyond normal… foot steps, cleaning, moving furniture..etc) then your LL can apply to the courts to have them evicted.

  7. Omg sounds like my upstairs neighbors. Loud music….hammering…stomping. though the landlord went and spoke with them and haven’t made noise since.

    If u break ur lease ull have to pay still until they rent the suite. Also it will make it difficult to get a place in the future or even a loan as they look as past residences. Try more steps before breaking lease.

  8. Rae Wright Rae Wright says:

    There is a penalty. But it’s not too much. We have to pay $1000 to break our lease with Boardwalk.

  9. All lease agreements can be broken. Your LL can sue you for a balance owing but that doesn’t mean you have to pay it if there was valid reasons for leaving.

  10. Leah Myrah Leah Myrah says:

    Defiantly check your lease. Ours said we’d have to pay a months rent OR however long it was empty. We talked to our landlord about advertising the apartment and finding a suitable replacement to assume our lease. She was ok with it gave us her list of what was required. (Credit check and money order for deposit no pets etc.) We found a suitable tenant and it went smoothly.
    We were however on excellent terms with our landlord.

  11. Document all your noise issues and email the LL with your noise complaints every day. Be specific with time and noises you heard. Tell the LL that they are violating your lease agreement as per the Alberta Tenants Act in that the LL has to provide a place of peaceful enjoyment. If the LL does not comply with it then tell them in writing (keep all copies of all communications) that you are giving 30 days and why. It’s legal and it stands up in court. Good luck!

  12. Candice Ball Candice Ball says:

    Honestly it all depends on your lease. I used to live somewhere where it was a one time $1000 payment. The place I’m currently living wants a months notice, plus one months rent & they will continue to charge you untill they fill the suite

  13. Read your lease contract, first thing to do. Secondly, maybe think about asking for a new apartment instead in the same building?

  14. Breaking the lease is never a good option, unless it’s written into your current lease that you have the option to break it and pay a penalty of some kind.

    Your best option is to request of the landlord a Suite Assignment. A landlord can not unreasonably withhold consent for a tenant to do this and it’s perfectly legal. What it means is findind another renter to take over your lease term for the remainder of the term.
    You will likely have to advertise and show the suite yourself (which is in your best interest anyway), but the landlord will most likely want to take it from there to vet the application and ensure that the new person is suitable for the suite. Important to remember that you will continue to be responsible for the lease until a new person is secured, whether or not you physically live there.
    Your request for an assignment must be in writing….or if you are dealing with a property management company, they may have a request form for you to complete and sign.

    I’d be happy to answer any other questions you may have by pm if you like. 🙂

    • Please don’t give such bad information and advice. Any lease can be broken, esp when the LL is in violation of the Alberta Landlord Tenant Act. Tenants get evicted if they don’t comply with it, LL are also held accountable. A lease isn’t never set in concrete. Don’t make it out to be that it is. That is very misleading and can keep those who don’t know how to stand up for themselves stuck in a bad situation.

    • I’m sorry you see it that way. A lease actually is “set in concrete” as a legal document.
      If both parties agree to change the terms of that agreement, then it can be done certainly…
      The information I gave is all according to the Residential Tenancies Act of Alberta.

      You are correct that each party is held accountable to the terms of that lease. My point is simply to inform the op that he/she could be held accountable for the rent without consulting with the landlord and/or their lease first.

    • Ginny Maria Ginny Maria says:

      Shawna… You are the one that is giving bad information… What Roberta said is all technically correct. Much of what you said is not.

    • Ginny Maria Ginny Maria says:

      Shawna… You are the one that is giving bad information… What Roberta said is all technically correct. Much of what you said is not.

    • Shawna de Barrientos agreed! a lease is not a binding contract! it virtually means nothing.

    • Roberta Sandulac, I will disagree since I have sued landlords in the past and won. Any judge will tell you that any lease is contestable.

    • Ginny Maria, the landlords that I have successfully sued would like to agree with you too. They thought they were right and found out even quicker that they were WRONG!!!!

  15. It should say what happens if you break your lease in your actual lease.

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