I wanted to transfer my lease. Signed a lease transfer contract to a potential candidate. Candidate says he has a full time job. I sent the notice to landlord and forgot about it. Candidate disappears during the 15 days following the notice. Landlord then refuses the transfer saying that the candidate doesnt exist and wants me to pay the rent. Will bring me to court if i dont.
I dont think im required to pay because candidate has a job and would be able to pay for the rent. Idont have proof tho, just facebook messages of him saying so. I am convinced he is real. I mean he signed the contract and sent it back to me. Everything was done remotely because im not in the city anymore.
I dont really know what to do. And what my options are at this point. Please help, thanks.
The fact that the candidate disappeared does not necessarily invalidate the lease transfer contract. If the candidate signed the contract and agreed to take over the lease, they may still be held responsible for the rent. However, without concrete proof of the candidate's existence and ability to pay, it may be challenging to enforce the contract.
The landlord's refusal to accept the transfer could lead to a situation where you are still liable for the rent. If the landlord takes you to court for unpaid rent, the court will likely consider the circumstances surrounding the lease transfer and the candidate's disappearance.
It is crucial to gather any evidence you have of the candidate's existence and ability to pay, such as the signed contract and Facebook messages. While this may not be definitive proof, it can support your case in demonstrating that you acted in good faith in attempting to transfer the lease.
Potential Strategies:
Attempt to locate the candidate: If possible, try to track down the candidate through any means available, such as contacting them through social media or other channels. If you can establish their whereabouts and confirm their intention to take over the lease, this could strengthen your case.
Consult with a lawyer: Seek legal advice to understand your rights and obligations in this situation. A lawyer can help you navigate the legal complexities of lease transfers and landlord-tenant disputes, potentially avoiding costly mistakes.
Negotiate with the landlord: Consider discussing the situation with the landlord and explaining the circumstances surrounding the lease transfer. It may be possible to reach a resolution without resorting to court proceedings, especially if you can provide some evidence of the candidate's existence and intent to take over the lease.
Things to Discuss with a Lawyer:
Legal validity of the lease transfer contract: A lawyer can review the contract and assess its enforceability, as well as advise you on the best course of action based on the terms of the agreement.
Potential liability for unpaid rent: Understanding the legal implications of the landlord's refusal to accept the transfer and the consequences of non-payment is crucial to protect your interests and avoid legal repercussions.
Evidence collection: A lawyer can guide you on gathering relevant evidence to support your case, such as documentation of the lease transfer process and any communication with the candidate.
Always consult with a lawyer.
#legalfocusai #legaltech #canada
http://advisor.legalfocusai.com/Scenario_Navigator