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Hi, unfortunately, I had to activate the diplomatic clause and couldn't give the full 2 months notice. However, I wanted to make the things right so I looked for a new tenant to take over my lease. I was happy to have found a good one pretty fast (actually several) but when I mentioned it, the landlord replied she didn't want to rent anymore but to sell the unit instead (which is totally her right of course). However, she still ask me to pay for the rent of the full 2 months and to reimburse the agent fee proportionally. I think the spirit of those clauses are to compensate the landlord for the additional cost and potential rent lost incurred by finding a new tenant earlier than expected? But it seems unfair in this case as she is the one that chose not to let the lease being taken over. Please advise
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4 Answers

If you were supported by a tenant-agent in the securing of this property, that agent should be able to advise accordingly, and help to negotiate and bridge the gap with the landlord. That Tenant-agent might have also helped you to insert tenant-friendly clauses for reassignment of the lease that you can try to locate in your current agreement.

However, if you signed it directly with the landlord and/or only a landlord agent was involved, you might need to seek separate legal advice to vet the contract. The lawyers would review the contract wording to see if there is a case for you. Purely from your description above, it does however sound like the contract wording is towards your disadvantage.

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Hi, appreciate your sharing welcome to check seek legal advise or small claim court to resolve it.

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More
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I give you FEW PERSPECTIVES:
(1) Landlord still have the power and the call to make : the pro -rated agent fees is FOR THE LANDLORD mostly for the landlord to CHOOSE to employ a landlord agent to find a NEW TENANT LANDLORD OKAYS TO ACCEPT . If the rental agreement never state landlord ALLOW TENANT Find a replacement via TENANT selection > landlord still has the power to " DE-SELECT " Yr choices

(2) PERSONAL OPINION : Regarding the " Spirit" of the letter etc , unless you want to go small court claim if sum is below 30K to fight , its MORE SIMPLE TO GO BY WHAT THE WORDS OF THE CONTRACT ACTUALLY STATED. If not wrong , it simply ask tenant to compensate the pro-rated fees without mentioning in the end the landlord want to rent / sell . Why don't we go back to what the contract actually said ?

(3) Landlord might in the end not selling (after few months or more , no buyers offer at the price owner want?) and ended up change the mind again to rent out and choose not to select your selections > after all, landlord have the right to prefer to choose who he/she uses to determine the FUTURE tenant .

(4) LASTLY , maybe you can re-negotiate to waive off the PRO-RATED agent fees OUT OF FAVOR AND GRACE , rather than based on your rights after considering (1) to (3) .
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You may wish to consult a professional legal advisor in this case.

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