Landlord broke our lease. Do we have a case?

posted 3 years ago in Legal
Post # 3
75 posts
Worker bee
  • Wedding: August 2013

Where do you live?  Laws varry greatly with location.

If you’re in Ontario, you definitely have a case.

Post # 4
7210 posts
Busy Beekeeper
  • Wedding: August 2012

Have you asked for the months rent + security deposit back? What did they say? I would think you absolutely would have a case.

Post # 5
1590 posts
Bumble bee
  • Wedding: August 2014

My logic would be that, if they’re following the laws, they should be documenting when they try to make contact. Ask them for proof that they tried to contact you (e-mails, call logs, texts?) and if they can’t provide it, then move forward. I can’t see why you wouldn’t get your damage deposit back, though, so I hope there’s no trouble there.

Speaking from personal experience, though, depending on where you are, it might be worth letting go. I’ve had to go to our provincial tenancy board, and they’re absolutely useless if you’re going to them as a tenant–from everything I’ve ever experienced and heard, they’re firmly on the side of the property managers. Hence my rent increasing 15% in three years, rather than the specified 5%.

I do hope you get it sorted out and get your rent and deposit back! The situation is completely unacceptable.

Post # 6
686 posts
Busy bee
  • Wedding: October 2013

@shaynapunim:  Wow that sounds very unusual, definitely sounds like you’ve got a case, particularly that they took it upon themselves to move your stuff without your permission, before your lease is up! I would probably contact a lawyer or your local rental authority, but maybe start by asking them to prove they have tried to contact you.

Post # 7
139 posts
Blushing bee
  • Wedding: April 2014

I used to work in apt management and you absolutely have a case. First of all, it’s illegal to collect double rent on a property. Plus, if you have a lease and are up to date on payments, they have no right to move you out. It’s still your apartment, whether you are there or not! I would raise hell if I were you! Make sure you go through your belongings asap to check if anything is missing or broken, take photos showing your belongings in the basement, and document everything. Try to communicate through email when possible, so that you have a record of what is being said. Is this a large, corporate run community, or a smaller building with a private owner who uses a management company to run things? 

Post # 8
15072 posts
Honey Beekeeper
  • Wedding: June 2011

I was a property manager also, here written communication is required. We had to use certified mail when communicating such situations. I would contact an attorney immediately, talk to them about what your options are as it varies per state. Here, they only have 15 days, once they removed your things to send you a breakdown of your security deposit. If a tenant doesn’t receive within 15 days, they were owned 3x the deposit amount. There are so many things wrong with what they did. 


@Opheliah:  is right, document everything. Pictures, phone call notes, emails, everything. 

Post # 10
3084 posts
Sugar bee
  • Wedding: July 2014

Wow. That is INSANE. What a jackass. I would definitely talk to A lawyer 

Post # 11
2661 posts
Sugar bee
  • Wedding: August 2015

That definitely sounds illegal. How did they know you were gone? did you tell them you had moved out but were still keeping furniture there? Super messed up!

I would document everything, and ask for proof they contacted you. Make sure you get your current month’s rent and deposit back.

I also think they should give you something extra. If you break your lease early, you usually owe the landlord something extra. I feel like they should owe you extra money in this situation as well!

Post # 12
3222 posts
Sugar bee
  • Wedding: April 2015

Whether or not you have a case is jurisdiction-specific. Where I live (Ontario), your landlord would be found in contravention of the LTA and possibly charged with a provincial offence. 

Many jurisdictions have a legal referral service that you can call. If you’re in metro Toronto, let me know and I can determine whether you qualify for the pro bono clinic I work at.

Post # 13
2299 posts
Buzzing bee
  • Wedding: August 2010

Wow! That is ridiculous… did they think you wouldn’t notice? You absolutely have a case. When you communicate with them from now on, make sure it is in writing. Emails, letters… keep copies of everything, request read receipts and make screenshots. Inform them that you will be taking your case to a lawyer if you don’t receive back your security deposit plus the months rent.

Post # 15
1590 posts
Bumble bee
  • Wedding: August 2014

@shaynapunim: I’m not certain if it helps at all, but despite my troubles with the tenancy board here, if you have a similar authority in Philadelphia it could be worth speaking to them first. The provincial tenancy board here holds basic hearings to do with rental-property-related issues, and for me, the hearing I was going to arrange would have cost $100, which would have been refunded to me if I had won the hearing (long story short: my electrical went in the kitchen of a rental suite that was scheduled to be renovated in 2 months, they didn’t fix it for three weeks, until I threatened to take them to a hearing). Just an idea?

Post # 16
2661 posts
Sugar bee
  • Wedding: August 2015

@shaynapunim:  ugh…that’s almost creepy. They watched that you moved a bunch of stuff out of your apartment and just decided you were gone? What if you were just getting rid of things? I’m angry for you!

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