Assignment (Amend Lease)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-06
CLNP Page ID:	1909
Page Categories:	Contract Law, Leases, & Sub-Letting (LTB)
Citation:	Assignment (Amend Lease), CLNP 1909, <6v>, retrieved on 2024-05-06
Editor:	MKent
Last Updated:	2022/04/18

SWL-98259-17 (Re), 2017 CanLII 28732 (ON LTB)

21. J.M. testified that A.A. found a new tenant (M.S.) to take over for her. There was an assignment agreement produced by the Landlord’s Agent dated September 7, 2016 that amended the lease to remove A.A. and replace her with M.S. The document was signed by four of the original six tenants. It was not signed by the M.S. Along with the assignment agreement, an amended lease agreement was attached that included Schedule “A”. The lease reflected the amendment by showing that A.A. was crossed out and M.S. was added. Schedule “A” had an additional clause added that stated “it is agreed and understood that M.S. will be taking over A.A.’s basement bedroom for $500.00 per month from September 2016 to April 2017.” J.M. stated that the only reason the clause was included in Schedule “A” was for clarification for the parties. J.M. said that because all of the Tenants didn’t sign the Assignment Agreement, it was invalid.

22. D.M. testified that M.S. received the keys from A.A. the beginning of September 2016 but only stayed at the unit for a few days and moved out leaving the keys with the other five Tenants. A.A. no longer had keys to the rental unit.

23. The Landlord’s Agent sent an email on September 12, 2016 to all of the Tenants ( Exhibit #8) whereby it stated “ your roommate, A.A. has expressed to us that she would like to assign her room. I would like permission from each of you to re rent her room. If this is something that you all cannot agree on, then you may be held responsible for A.A.’s portion of the rent if you are not willing to allow her to execute her options of finding a replacement.” D.M. testified that they never denied A.A. the option to assign, they just wanted to make sure that the new roommate would be a good fit. The Landlord’s Agent, J.M., testified that they “only place tenants, we don’t create relationships”.

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28. On March 7, 2016 the parties added an additional tenant, A.A. This was prior to the commencement of the lease agreement and I find that the nature of their relationship remained joint and several. Although a new Tenant had signed on to the original lease agreement there was no change in the terms of the agreement and there was no evidence that anything other than the addition of a party’s name, on consent of all parties, had changed in the agreement. I find that when the tenancy commenced on May 1, 2016 it was a joint tenancy.