tag:blogger.com,1999:blog-6703393754400182307.post3137248867876534108..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: GURANTORS & CO-SIGNERS OF RESIDENTIAL LEASES Michael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger85125tag:blogger.com,1999:blog-6703393754400182307.post-24673570941316447252023-02-18T13:11:28.203-05:002023-02-18T13:11:28.203-05:00What you are describing is very odd--and if this i...What you are describing is very odd--and if this is what the "office" told you it frankly makes no sense. If a person is listed as a tenant on a lease they are not also listed as an occupant. Perhaps what the office was trying to "set up" was a circumstance where your liability arises as a tenant but that it is recognized that you do not live there. That isn't crazy and frankly describes an actual "guarantor". I don't think, however, that signing an application to be added as a tenant but not as an occupant accomplishes this. If you are not going to live in the unit but are prepared to guarantee the obligations of the tenant then a simple document to that effect can be drafted. Take note if the guarantee document continues beyond a fixed term (i.e. into the month to month) and whether it intends to continue until the end of the tenancy no matter how long that might be (in theory it could be indefinite). Note also that the guarantee can be for not only the rent but also for damage and any other liabilities that the tenant incurs for whatever happens in the rental unit and complex. Guarantees are a big deal and should not be entered into without a clear consideration of what you are doing. The most common misunderstanding or regret that I get from Guarantors consulting me is that they did not put their mind to an escape clause--i.e. insisting that there be a way to terminate the guarantee obligation. You may not always get along with your friend. The relationship may end. The friend may turn out to have problems that create unexpected liability. You should have a way to cap that liability or to terminate your guarantee.Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-22438135930417025502022-04-06T15:19:47.335-04:002022-04-06T15:19:47.335-04:00Hello,
I was asked to be a Guarantor for a frien...Hello, <br /><br />I was asked to be a Guarantor for a friend. When I went into the rental office they gave me an application form and stated I would be added to the lease as a tenant but not listed as an occupant. Are they allowed to do this? Nelliehttps://www.blogger.com/profile/07714100432512888731noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-56508205377229859052020-07-23T16:00:19.155-04:002020-07-23T16:00:19.155-04:00Hi: I suppose the answer is "yes" becau...Hi: I suppose the answer is "yes" because there is no requirement for anyone to speak or deal with anyone. If the landlord is pursuing legal recourse then the landlord must comply with the Residential Tenancies Act (RTA). The RTA has certain mandatory requirements for proceedings--i.e. service of notices but otherwise, even in that context, the landlord can't be forced to communicate with anyone specifically.<br /><br />Of course refusing to communicate is short-sighted and silly. If the communication is respectful (it doesn't have to be pleasant) then there is really no reason not to communicate professionally. The landlord will obviously be wanting money at some time from the guarantor and clearly the guarantor is a party to the agreement. It is short sighted to refuse to communicate with the guarantor as the guarantor is likely the one who can bring some resolution to the issues (whatever they may be).<br /><br />Make sure to communicate clearly with the landlord, send emails a letter advising of your willingness to communicate and that in the event legal proceedings are required that you will rely on the fact that you have sought to communicate and resolve whatever the outstanding issues might be and that the landlord has refused to communicate with you.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-61598184496680699452020-07-23T10:42:29.488-04:002020-07-23T10:42:29.488-04:00Hello,
Does a Landlord have the right to refuse to...Hello,<br />Does a Landlord have the right to refuse to talk to or work directly with a guarantor on a lease and only communicate with the tenants on the lease? @https://www.blogger.com/profile/02851458219925210422noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-5048315111087764322020-03-23T12:57:48.484-04:002020-03-23T12:57:48.484-04:00The condition of needing a co-signer was likely fu...<br />The condition of needing a co-signer was likely fulfilled when the tenancy agreement was put to you by the landlord. The landlord was satisfied with what it had and the form of what they had--otherwise you wouldn't have gotten the lease and possession of the unit. You've had quiet enjoyment for three months it seems to me that re-visiting the issue of co-signer now is simply impossible.<br /><br />Then of course, there are the possible reasons listed above (some unknown to you) that you were granted the lease in the circumstances that you were. You can only presume that the landlord was satisfied with your application because it wouldn't have signed a lease with you and granted you possession of the unit otherwise. It would hardly be fair for the landlord to now try to resile (backtrack from) the tenancy it entered into with you because the landlord has changed its view (from satisfied to unsatisfied). Maybe your application was strong enough that the landlord was prepared to rent to you without a co-signer. Maybe, asking for a co-signer was a little bit of overkill that the landlord wouldn't refuse but didn't really need. Perhaps signing the lease with you without the signed co-signer agreement was fine with the landlord because it was prepared to rent to you without a co-signer at all. Maybe, the fact that you could indeed offer a co-signer was all the comfort that the landlord needed (because you can get a co-signer I don't need you to--but if you couldn't get a co-signer then I definitely need you to have one) to rent to you without the need for the co-signer paperwork.<br /><br />In answer to your questions, I don't see how the landlord can kick you out over this. The requirement for a co-signer is not a requirement in the Residential Tenancies Act. I'd be surprised if your lease contained a co-signer clause--i.e. that you must provide one. If the lease contained such a clause (frankly I've never seen one), I imagine that the clause would be satisfied by the fact of possession being granted to you.<br /><br />With respect to "what to do" if the landlord brings it up I think it really depends on how they bring it up. I'd make sure not to pretend and make sure not to promise something you can't deliver (i.e. a signed co-signer document). <br /><br /><br />So, imagine that the landlord writes to you saying: "On review of our files, we note that the co-signer has not returned the co-signer agreement. We require it to be signed and returned within 10 days or "else"". I think I'd respond to such a letter firstly objecting to the threat and advising that this constitutes a threat contrary to the RTA (section 23) and that if such threats continue you would bring a T2 application against the landlord seeking an abatement of rent. Then I'd say that the co-signer you had, and offered to the landlord, is no longer willing to sign paperwork given the executed tenancy agreement and possession being granted for over XX months. I'd then refer the landlord to the co-signer for any follow up they desired.<br /><br />The landlord then has a choice to make, either let it go or file an application to the LTB based on a Notice of Termination. The notice is likely an N5 (lawful right interest privilege). When you don't "correct" the notice the landlord can choose to file with the LTB. If the landlord files with the LTB (on the facts I have here from you), I expect the landlord to lose badly. This is especially the case if your rent is paid given that any obligation (to be triggered for the guarantor) isn't even operative because you are meeting your obligations.<br /><br />Ultimately, I don't see you having much to worry about.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-89377853268526828772020-03-23T12:57:37.383-04:002020-03-23T12:57:37.383-04:00Hi: Whether the landlord has sufficient security ...Hi: Whether the landlord has sufficient security for the performance of your obligations under the lease is not really a question for you to answer. It is up to the landlord to get whatever "guarantors, co-signers" that the landlord feels is necessary for your tenancy. Presumably, the landlord satisfied itself in this respect, as the landlord signed a lease with you and gave you possession of the rental unit. There are a number of possibilities here, including, 1) the landlord waived the co-signer requirement, 2) the landlord considers the co-signer bound, 3) the landlord forgot about it, and 4) the landlord changed its policy on requiring co-signers at all. I suppose there are other possibilities as well Ultimately, I don't think it matters what the reason is as the landlord moved beyond the application and co-signer stage and entered into a tenancy agreement, signed it, and gave you possession without requiring anything or anything further from you. I interpret that as you having provided to the landlord whatever it needed to enter into the tenancy agreement.<br /><br />Can your landlord kick you out over this? It is very difficult (if not impossible) to see how. If the landlord wanted to make an issue out of it the landlord would have to allege that you are in breach of your lease agreement or in breach of the RTA. Presumably, the alleged breach is that "you don't have a co-signer". I don't think that this is actually true because you had a co-signer at the required time. Your co-signer now, apparently, refuses to sign papers. That doesn't necessarily mean that the co-signer isn't still a co-signer. Lots of co-signer's change their minds over time but that doesn't mean they are off the hook.<br /><br /><br /><br /><br /><br /> Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-20362285789161542012020-03-22T19:36:00.080-04:002020-03-22T19:36:00.080-04:00Hello Michael,
When i applied for my apartment i w...Hello Michael,<br />When i applied for my apartment i was told i needed a cosigner, i had one and they sent the paperwork via email. Before my cosigner sent paperwork back we signed the lease. My cosigner now is refusing to sign because we have lived there for 3 months and they have never brought it up.<br />Can my landlord kick me out over this and is my lease now legal?<br />What should i do if this becomes something they are going to bring up?Cass.Serhttps://www.blogger.com/profile/04694814412875437603noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-66395199698637519482020-03-16T13:53:29.104-04:002020-03-16T13:53:29.104-04:00Hi Veronica:
The guarantor would sign an "ap...Hi Veronica:<br /><br />The guarantor would sign an "application" form or whatever document you have for the collection of information along with a consent to release information and a consent for you to obtain information from third parties for the purpose of a credit check. The process of a credit check is often (if not always) referred out to a third party company. Checking references and employment status is sometimes done "in house". You will of course require the information to know who to call and the guarantors permission to request and receive the information. The people you contact may also require you to provide a signed consent before they tell you anything.<br /><br />Doing credit checks and background investigation can be time consuming. While I have no personal experience with them, I have various landlords who claim to use screening services and credit check services on line. A google search pops up many of them. Whether they are any good or not I don't know. There is also the option of opening an account and working directly with one of the credit reporting agencies (like Equifax).<br /><br />I hope that helps a bit. It is a tough situation to do credit checks, especially for a limited number of annual applications. The best approach is probably to retain a third party and learn from the third party what information is required.<br /><br />On a side note, consider that the information gathering stage is important also in the event that you do have to sue the guarantor for breaches. Having verified identification information, addresses, work addresses, etc., is very valuable when it comes to enforcement action through court.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.com<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-58564390372947411002020-03-12T19:08:44.131-04:002020-03-12T19:08:44.131-04:00Hi!
Wow what an amazing resource your posts are fo...Hi!<br />Wow what an amazing resource your posts are for landlords and tenants alike. As a new landlord I refer to them often. Thank you so much!<br /><br />I am currently looking to rent to a group of students. They have a guarantor willing to sign the guarantee that I have, which seems to be comprehensive according to the recommendations I have read in the post and your comment responses. My question is more basic and perhaps naive.<br /><br />The guarantee letter I have suggests the guarantor agrees to the collection of information for credit worthiness etc. I am wondering how this information is collected from the guarantor. Do they complete an application form or something similar? Maybe I am overthinking it. The tenants in question have no credit or tenant history and no income. Thanks again for your help!<br />VeroVeronicahttps://www.blogger.com/profile/11860286524513596552noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-38353285249920076582020-02-22T11:16:59.646-05:002020-02-22T11:16:59.646-05:00Hi: You appear to be a very inconvenient presence...Hi: You appear to be a very inconvenient presence for a landlord that is trying to take advantage of a group of young men. Good for you! The "consent form" business is nonsense. With each of the boys on the email chain get them all to hit reply all and inform the landlord that they are in agreement with what you've said. There is no "consent form" under the RTA. Of course, they don't need to speak with you and can simply say that they aren't in a contractual relationship with you so please go away. An email from your son to the landlord simply saying "Please talk to my dad" is enough to bridge any perceived "privacy" issues. If the landlord has instructions not to speak with you (from the tenants--all or some) they can simply state that they will not communicate with you about the tenancy.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-79891277143055297322020-02-21T09:03:56.402-05:002020-02-21T09:03:56.402-05:00I am a co-signer for my son who goes to university...I am a co-signer for my son who goes to university and rooms with 4 other boys in a house. Their 1-year lease is up in May and they would like to continue renting on a month-to-month basis. The management company is trying to let on they don't have to continue to rent to them after their lease expires. I wrote the management company and copied all the boys and asked them to stop threatening the boys with eviction when they haven't served them with any paperwork to back up an eviction and they can't evict them simply because the lease expired. They just continue to state they can't communicate with me unless all the boys sign a consent form allowing them to do so. Can I not respond to this situation on behalf of my son?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-59276252973616653012020-01-14T09:26:32.968-05:002020-01-14T09:26:32.968-05:00Hi: This question can't really be answered wi...Hi: This question can't really be answered without looking at the lease. If the lease reflects that you are only a guarantor and that your father is the only tenant and there is no ambiguity in that then it becomes less likely that you have occupancy rights (i.e. that you may be a tenant). Whether you are a tenant or not or whether you have occupancy rights or not will take a bit of exploring. Many guarantor clauses are vague and unclear and do not contain any limiting language. Some leases and some separate guarantor clauses explicitly spell out that the guarantor has no right to occupy the space as a tenant. The leases and/or guarantor agreements that explicitly spell out that the guarantor is not occupying the premises are indeed anticipating exactly the situation you are describing where you would like to move into the unit and continue the same terms and conditions as have been in place to date.<br /><br />The landlord, of course, is likely quite pleased that your father is moving. Once you father's tenancy ends (and a Notice of Termination has been given by him) then the landlord can re-rent the unit at current market rents. The $1000 increase for a new tenant, after your current tenancy is terminated, is completely lawful. The law allows the landlord to charge whatever amount that the landlord wishes. Of course, the landlord does not have to increase the rent--i.e. it is not mandatory to charge market rent.<br /><br />As for a file review/consultation, you should contact a local lawyer or paralegal with experience in residential landlord and tenant law (there are not that many of us). The key is "experience" as there is a significant amount of case law exploring the nuance of who is a tenant and who isn't. The mere words of the lease are not actually determinative of the question as the LTB is empowered to disregard the outward form of any document and determine what is actually going on. Hence, a lease review and conversation would be worthwhile. While people certainly retain me as a result of reading this blog, I make it a point not to explicitly solicit clients on this blog as the point is to share legal information and set out some options that readers may wish to explore. For this blog I don't actually review documents from readers as this is a legal information site and not actually legal advice. Actual legal work is done privately offline.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-40192464283669006962020-01-13T21:46:08.256-05:002020-01-13T21:46:08.256-05:00Hi Michael, thanks for this service. My question i...Hi Michael, thanks for this service. My question is regarding a guarantors rights, if any. when my dad took an apartment 4 years ago the landlord asked that I act as guarantor for my dad. We both signed the lease, he as tenant and i as guarantor. My father is moving to a seniors residence and i asked the superintendent if I could keep the apartment? I was told i could put in an application and that the rent would be $1,000 per month higher. Does this sound right to you? Would it be helpful for you to review the lease? Thanks!Anonymoushttps://www.blogger.com/profile/01285472552025331527noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-25254702493602538682019-09-18T09:19:24.619-04:002019-09-18T09:19:24.619-04:00I wanted to thank you for starting this blog and k...I wanted to thank you for starting this blog and keeping up with it over all of these years. This is truly a great dialogue and resource for so many people. Thank you! Anonymoushttps://www.blogger.com/profile/00024548405807464096noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-38922397690684678702019-09-12T16:18:14.353-04:002019-09-12T16:18:14.353-04:00Hi: If the unit is a student residence it is poss...Hi: If the unit is a student residence it is possible (likely even) that the Residential Tenancies Act does not apply. In these circumstances a close look at the contract is needed because the Residential Tenancies Act does not provide the legal framework of the relationship. With respect to "co-signing" this is often confusing on contracts because there is a line on the contract that simply says "co-signer" beside which a person signs their name. The contract says nothing further about the obligations of the co-signer and you end up just making assumptions about what it means. Alternatively, the "co-signer" actually signs a guarantee or guarantor agreement. That separate piece of paper spells out what exactly the guarantor is agreeing to do and for how long they are prepared to do it. This is the logic of the Court's reasoning in the article above.<br /><br />From how you describe it, it seems to me that the agreement you "co-signed" or "guaranteed" ran it's course and ended on June 30, 2019. Without seeing the documents and relying just on what you say, it would make sense that you agreed to be responsible (either explicitly or impliedly given your signature) for things that happened in the unit until June 30, 2019. Absent any language in the agreement that allows the agreement to end, have your son move out, then change his mind and move back in for while, and you agreeing that if this happens you will still be liable---I'd say your obligation has expired.<br /><br />It would, in my view, take explicit language in the agreement for you to agree to assume financial responsibility in these circumstances. In short, I think you are correct in your analysis of the situation. The key, though, is to closely read the documents to see what you agreed to.<br /><br />Instead of telling them how you are not liable (i.e. the letter you are intending on writing), consider first writing to them stating that you don't believe you are responsible and ask them to please explain the legal basis of charging you for the damage for a period of time after the lease you co-signed had ended and your son had vacated.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawalawyers.com<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-89450250273450329412019-09-12T15:03:14.684-04:002019-09-12T15:03:14.684-04:00I hopefully have a fairly quick question that you ...I hopefully have a fairly quick question that you can resolve with respect to co-signing. I co-signed for my son for a student residence building. He gave notice (appropriately), he moved out on the appropriate date (June 30, 2019), he even changed over all of his finanical information to the new address. As a co-signor I feel my obligations ceased as of the 30th of June. However, during the course of the next week (1st week of July), my son had some issues with his new residence and he attended back as the student residence and worked out a deal with stay a little longer with the landlord (nothing to do with me). He departed the residence mid July and has not returned. Well the landlord is now writing me stating that unfortunately in July damage was done to the apartment to the tune of $2,800 and that I am responsible for same. I do not believe that legally I am responsible for the occurrings in July as this side deal was made between my son and the landlord (I was of the belief that he was at his new residence at that point in time). Prior to me writing the landlord back with my response, I just wanted confirmation that I am correct in my responsibilties. I look forward to hearing from you. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-31538448797287348612019-08-02T08:32:58.574-04:002019-08-02T08:32:58.574-04:00Hi: The question doesn't give a lot of contex...Hi: The question doesn't give a lot of context. However, I will say this. The law respecting guarantees is not part of the Residential Tenancies Act. Hence, you will not find any guidance in the RTA about the legal implications of any particular guarantee. Further, the form of a guarantee is not set out in the legislation and there is no standard form guarantee---meaning, the wording of most guarantees is unique. Lastly, I'll say this, a guarantee (for the most part) gets its validity from contracting principles. As a result, the wording of the guarantee is very important as the parties are free to contract. Beyond that, the law of guarantee is surprisingly complex and detailed. If you have a particular document or are wondering whether to sign or have signed, see about getting a consult about the specific document (i.e. have it reviewed.).<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-27173531908191065132019-07-31T14:28:47.116-04:002019-07-31T14:28:47.116-04:00Hi Michael,
Is the guarantor liable for a new ten...Hi Michael,<br /><br />Is the guarantor liable for a new tenant taking over a lease?<br /><br />Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-71861269807405084742019-07-30T07:39:46.175-04:002019-07-30T07:39:46.175-04:00Hi Sonya: While the Ontario Government now provid...Hi Sonya: While the Ontario Government now provides a mandatory standard form lease (for the vast majority of tenancies), there is no standard form guarantee. In normal circumstances it should be the landlord who prepares the guarantee as the point of the document is to bind a guarantor to the obligations of the tenant. It is a strange circumstance where you allow the guarantor to craft the language of their own obligation. <br /><br />Your hesitation I suspect arises from not having easy access to a "guarantee". To that end, the only reasonable solution is to retain a lawyer or paralegal and have them draft a custom one that works for you and provides you with the security you are seeking. Unfortunately, many landlords in your position simply google "guarantee" and print off the first thing that pops up. For this to actually be useful--you will need to get lucky. I think part of the reticence in retaining a lawyer or paralegal to draft the guarantee is 1) cost, and 2) an optimistic outlook that there won't be any problem that would require you to use the guarantee. In my experience, #2 is in fact the likely course, as the vast majority of tenancies proceed as they should and don't end up in Court/LTB.<br /><br />Good luck<br />Michael K. E. Thiele<br />www.ottawlawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-76873009290821135682019-07-29T20:39:31.715-04:002019-07-29T20:39:31.715-04:00Hello Michael,
I am a landlord from Toronto. I am...Hello Michael,<br /><br />I am a landlord from Toronto. I am currently listing my condo for rent and one of the offers I got is from a young couple from another country with no credit history, not currently employed, providig just 2 passports and a letter for a future employment. <br />There is a third person listed as a guarantor with an excellent credit/income/employment etc.<br /><br />I told them I am willing to rent the unit to them only if I have an official guarantee/contract signed by the guarantor. Their answer was that I should prepare whatever document I want the guarantor to sign. Is this something I have to provide to the guarantor for signing? I believe they should have included such signed guarantee along with the other application papers. Thanks for your time.<br /><br />Kind Regards,<br /><br />SonyaAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-18782878232659624702019-06-27T15:48:16.651-04:002019-06-27T15:48:16.651-04:00Hi: The answers are likely what you fear. If the...Hi: The answers are likely what you fear. If there is one lease the liability is most likely joint and several. Any one tenant is liable for the entirety of liability flowing from the lease. This includes rent, damage to the unit, and all obligations under the lease. If you sign as guarantor you would be understood to be guaranteeing the obligations of your son for the duration of the guarantee (which now sometimes is drafted to extend beyond the first term of the lease and into the month to month period). <br /><br />Can you limit the scope of a guarantee? Yes, it is a matter of negotiation. However, in circumstances where landlord's are renting to young people the entire point of the guarantee is to get protection for a collective or individual breach. The chance of a landlord making your guarantee less than the obligation of your son is unlikely. Yes, it is possible for your obligation to continue even after your son vacates the premises.<br /><br />This is one of those things that the harder you look at it the scarier it becomes. Look at the roommates and look at the parents of the roommates. Are they decent respectable people? If so, and there is a problem, can you rely on them to take responsibility? More importantly, if there is a problem can you sue them and reasonably expect them to have assets to satisfy a judgment? If yes, then this might be the security you need to sign. If not, you may wish to think twice about this.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.com<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-47804251525123030122019-06-27T12:53:56.983-04:002019-06-27T12:53:56.983-04:00Hi there,
Quick question. I was asked to co sign...Hi there, <br /><br />Quick question. I was asked to co sign or be guarantor for my 21 yr old son. He is looking to move in August 1 with two other people. All three will be on the lease, and the parents of the other two will co sign. <br />My issue us two fold. As a tenant are they all not jointly responsible for the full rent? Not just 1/3 in their case? And just because three parents are signing, would we not be responsible for all, not just our child's portion.<br />Is it possible to arrange a schedule A for the standard lease agreement stating that each parent is only responsible for the rent portion of thier child? <br />If not, how can I protect myself if the two others break the lease on my son? <br />Thanks so much. Anonymoushttps://www.blogger.com/profile/09021956334358425855noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-80863507500110682872019-06-26T17:09:03.456-04:002019-06-26T17:09:03.456-04:00Hi: Thank you for commenting, this is the kind of...Hi: Thank you for commenting, this is the kind of debate I'd hoped for when I started this blog. I appreciate your correction but must disagree with the point you are making. There is indeed an absolute right to refuse an assignment of a tenancy. This is reflected in section 95(2)(b) and 95(3)(c). In any scenario dealing with an assignment request the landlord can always say "no" for any reason. This is because the refusal to allow an assignment to anyone triggers a right in the tenant to terminate the lease.<br /><br />The section you are citing (s. 95(5)), does say what you indicate but it applies only in very specific circumstances. S. 95(5) is triggered if the tenant asks the landlord to assign the tenancy agreement and the landlord says "yes" you may assign (and no, I am not refusing an assignment). Because there is no "refusal" to the assignment request (generally or specifically), the tenant if they wish to "get out" of the lease must find an assignee. When the tenant finds an assignee, it is only then that the landlord may not arbitrarily or reasonably refuse to consent to an assignment of that potential assignee.<br /><br />The premise of this requirement is that the landlord is holding the tenant to the requirements of the lease term. The landlord is not letting the tenant out of the lease nor agreeing to terminate. Hence, if the tenant wants out they need to find an assignee. It is only then that the landlord can't become ridiculously picky or unreasonable so as to make an assignment of the lease impossible. If the landlord were entitled to be arbitrary and unreasonable then the tenant would be stuck in the lease without any option.<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.com Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-29048848202431384822019-06-26T15:19:04.105-04:002019-06-26T15:19:04.105-04:00A few years late here but I just wish to reply tha...A few years late here but I just wish to reply that this is not completely correct. The landlord has a right to refuse assignment but under Section 95 subsection (5) A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee. Anonymoushttps://www.blogger.com/profile/14530855418460185038noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-46626565460886984742019-06-04T07:52:20.342-04:002019-06-04T07:52:20.342-04:00Hi: The law of guarantee is not a particular focu...Hi: The law of guarantee is not a particular focus of my practice. While residency, could in theory be a required characteristic of a guarantor, I would see that as a qualifying factor for accepting the person as a guarantor. I have never seen anything requiring the guarantor to maintain a particular residency during the period of the guarantee. Frankly, I don't see how such a clause would be legal. However, if one were to try to impose such a condition that condition would have to be explicitly spelled out in the guarantee itself. If the guarantee is silent on the point, as you indicate, then your guarantor can reasonably expect to travel freely (inside and outside of Canada).<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.com