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I just received an automatic lease renewal notice from my building. They said they renewed it because they did not receive any notice of cancelation from me. However, they never sent me any notice asking me to decide whether or not to renew my lease. I know about the 3-month rule but I forgot and they did not remind me. I haven't talked to them about this yet (I plan to do it tomorrow) but I was wondering if there is any way I will be able to cancel the new lease term. Is there any law that protects me in this case?

 

Most buildings I have lived in before send a letter asking whether I would like to renew the lease. I believe this building takes advantage of students who don't know the 3-month rule, because they have a $100 fee for lease transfer, so even if I find someone to take the lease, I will have to pay.

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Do you have a copy of what you signed in the first place? What does it say?

 

It would seem strange to have an automatic renewal to be binding, assuming that the lease start is on July 1 and that we are only on June 19 today...

 

I guess, if you wanted to be a dick, you could just stay living in the apartment and not pay the rent and tie it up in the "Regie" bureaucracy.

Edited by Cyrus

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Cyrus, thanks for your answer. It's actually worse than what you seem to think. The current lease term ends on August 31st, and the new term starts September 1st. Apparently if I wanted to leave the apartment at the end of the current lease, I would have had to send them a letter at least 3 months before, i.e., not later than June 1st.

 

The law seems to be on their side. Here is part of the regulation of logement:

 

Terminating a Tenancy (Lease): Notice and Timing

 

Tenants

 

A tenant may terminate the lease if the tenant provides the landlord with a written notice of non-renewal or cancellation. If the lease is for less than 12 months or the duration is undetermined, the notice must be given to the landlord at least 1 month and not more than 2 months before the end of the term. For leases of 12 months or longer, the notice must be given at least 3 months and not more than 6 months before the end of the lease.

 

If the tenant fails to notify the landlord of his or her intention not to renew the lease within the stipulated time frame, the lease is renewed automatically for the same period and under the same conditions as the previous lease (unless a notice of modification was received and accepted by the tenant; see above). In the case of a 1 year lease, for example, a tenant who did not notify the landlord of his or her wish to terminate the lease would be held responsible for another 1 year lease.

 

The contract I signed says pretty much the same in less words. It was my mistake to have forgotten to advise them of my departure, but I still think the law is a bit hard on the tenant, as the landlord is not required to notify of the possible automatic renewal, so I was hoping they would be nice to me and let me cancel the renewal...

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I'm not sure exactly how it works in terms of residential appartments, but I can tell you that in commercial real estate, what your Landlord did was inlcude a Tacit Renewal Clause in your lease. That basically says that unless the tenant sends written letter to the Landlord(before the notification date) the Landlord assumes that the lease will be automatically renewed. This is not uncommon.

 

I'm sorry to say that your pretty much screwed!

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Cyrus, thanks for your answer. It's actually worse than what you seem to think. The current lease term ends on August 31st, and the new term starts September 1st. Apparently if I wanted to leave the apartment at the end of the current lease, I would have had to send them a letter at least 3 months before, i.e., not later than June 1st.

 

The law seems to be on their side. Here is part of the regulation of logement:

 

 

 

The contract I signed says pretty much the same in less words. It was my mistake to have forgotten to advise them of my departure, but I still think the law is a bit hard on the tenant, as the landlord is not required to notify of the possible automatic renewal, so I was hoping they would be nice to me and let me cancel the renewal...

 

Have you called them? They might let you go if you give them notice as of Monday. If they don't, well it is only 20 days more you'd have to pay and/or stay... A relatively large number of people start occupying apartments on Sept 1 so they might be flexible so they can have it to rent (but if you occupy until Aug 31 it would be awkward for them to clean up the place and show it)

Edited by Cyrus

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Le propriétaire doit envoyer un avis écrit que lorsqu'il y a changement aux conditions du bail précédent. Par exemple, augmentation du loyer.

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Ok, so it does seem I'm screwed :(

 

So if anyone is looking for a 1-person or 1-couple place starting September 1st, let me know! :)

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