Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Verbal Agreement in Subletting a Room in an Apartment in Ontario

    My question involves landlord-tenant law in Ontario:
    2 months ago I was in hurry to find a place to stay in.I found that someone is subletting his room in a 2-bedroom apartment at least for 1 month and maximum for 4 months.
    I told the tenant to fill out the sublease form but he didnt and he just trusted on verbal agreement.I told him I would stay for 4 months in his room but I gave him just the cheques of the first 2 months and I was supposed to deposit the rent for the remaining months.After the first weeks I started having troubles and I found out that I could not stay in his apartment anymore. I called him and told him that I would move out after the 2nd month but he told me I had to stay since I had promised him.I said I cant but he just insisted on my verbal promise. In the mid of the second month he asked me if I am going to stay and although I said I cant he again told me I should stay. So I told him I would stay the 3rd month and not the 4th month and he sent me a text message that he would send me his account information and I said OK, sure . I will deposit(although somehow I felt I couldnt resist in front of him and I condemned myself to what he wanted). I found a better place after then and I moved out in the first day of the 3rd month and sent him a text message that I could not live there anymore. He called me the day after that and told me I should pay the rent for the 3rd month because we had agreement. But I dont want to do that.
    Can he win the court? We did not have any written sublease form and all the thing were verbal. We had just some text messages related to our discussions.
    Can he take the rent of the 3rd month from me legally based on verbal agreement(and not written) and some text messages?

  2. #2
    Join Date
    May 2009
    Posts
    12

    Default Re: Verbal Agreement in Subletting a Room in an Apartment in Ontario

    This forum deals with American law, so you should double check Canadian law.

    In America, leases of the sort must be in writing to be enforceable. In a majority of states, however, the tenant may introduce evidence (known as "parol evidence") in order to prove his intent. This may include the text messages, any witnesses, and whatever other evidence he has, oral or written, he has to prove this. That's why it's important to check the law of the state (or province?) that you are in!

    If he's able to prove that you agreed on the 4 months, you will be liable to him for the rent that the two of you agreed upon. However, you're not personally liable to his landlord for the rent. If he can't prove it...you got off lucky. The fact that you didn't stick around for 3rd & 4th month, and already paid for the 1st & 2nd month, will make it hard for him to prove that you owe him the rent for those months, unless he has concrete proof that you did indeed agree in a binding way to the 4 months.

    1. Sponsored Links
       

Similar Threads

  1. Subleases: Subletting a Rent Controlled Apartment in New Jersey
    By deegee in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 01-28-2010, 07:46 PM
  2. Security Deposits: Security Deposit Return After Subletting Apartment
    By dlipp in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-13-2009, 02:55 PM
  3. Roommates: Vacating A Room In Ontario
    By CarlR in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-29-2008, 05:01 AM
  4. Roommates: Roommate Planning On Subletting Her Room
    By BlitzkriegBob in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 03-15-2008, 02:42 PM
  5. Rental Agreements: Subletting with No Rental Agreement
    By amccoy in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-09-2006, 05:39 AM
 
 
Sponsored Links

Legal Help, Information and Resources