[marcial.reyes]

I have a 5 yr lease w 2 yrs gone by can the landlord all of a sudden terminate lease?

[joypulv]

Where do you live?
How much time is he giving, and what is the reason?
Has he said this verbally or in writing?

[ScottGem]

Is this a commercial or residential lease? Five year leases are rare in residential leases.

Leases are contracts. They cannot be terminated without cause. So what reasons are you being given?

Please use the Answer options to post follow-up info so we can help you.

[marcial.reyes]

Hi Ilive in Port Coquitlam BC. We leased a 6 bedroom house on the second floor of a house on an acreage for one year. There were two other tenants on the downstairs suites. During the first year the one suite vacated and I took over the lease so that my mom can live in it. The landlord had put it up for rent for some time w the same agent as the one she used with us but no takers so I talked directly with the landlord and she gave it to me directly not through agaent. We also agreed that we could renew the lease for three more years with an option to extend for an extra two more years or a total of five years. This term was confirmed by the agent in a couple of emails. In the meantime the second tenant decided to vacate the other suite. They were a couple with an adult kid. Through them we were able to get the second suite without the knowledge of the agent. Its been 9 months since and we still have until 2014 according to our renewed lease term of 5 yrs. I fixed up the basement and rented it out. It was our understanding that since we would be taking the whole house and the landlord would not have vacancy, I can bring in tenants. I now have a couple renting with a child on the way and the other day the agent passed by to her surprise that she did not know what was going on.

At the time of me taking the second suite, it was instructed for me to not tell agent how much additional I was paying but to tell her I still pay the same. The owners are in Saskachewan and are seniors.

I have 5 kids 15, 13, 11, 9 and 20 months. They love the area and are really rooted to the house that is why we sacrifice to lease it for long term. I need help and advice. The agent must have rattle old couple and since then they emailed me a move out notice for end of May.

[ScottGem]

Ok, you need to review your lease and see what the lease says. If you have a signed lease, then cannot terminate it without cause. So you need to make sure you have done nothing to violate the terms of the lease.

But one thing I see as a possibility, is, unless the lease specifically gave you the ability to rent the basement, that could be a violation. Did you obtain permits to rent the basement?

You also need to go back to the landlords and they need to give a reason for terminating the lease early.

[marcial.reyes]

Nothing written except the renewal of three year term w option of 2 more years. There were tenants downstairs before so I don't know why it would have violated their terms. We agreed that I could have tenants. The landlord is Korean so communication is somewhat difficult

[ScottGem]

First please use the Answer options for follow-up questions or info rather than comments.

Second we need to be clear here. You stated you "leased a 6 bedroom house on the second floor of a house". I assume you mean you leased a 6 bedroom APARTMENT. Next you stated; "I fixed up the basement and rented it out.". This implied that it was a new rental. If the basement was one of the two "downstairs suites" you mentioned then I apologize. If not, then you needed to get all the proper permits for renting out the basement.

You have a problem here in that too much of this is not in writing. You also indicate there is a language barrier which may have caused misunderstandings.

Again, you need to read the ENTIRE lease so you know what your exact rights and responsibilities are. You also need to get, in writing, the reason for the early termination. I can tell you they can't, arbitrarily, terminate the lease, so we need to know why.

[joypulv]

I'm not sure you are understanding local zoning ordinances about renting out basements, or the limit on number of apartments in one house, or local code requirements (entrances and exits, windows, firewalls, etc).

The brokerage might have a contract with the landlord, which would explain the secrecy. The broker might be holding both this and the threat to turn them (and you) in to the town for ransom.

If I were in this situation I might try to appease the agent with the lost commission. You can be sued by the people you rented the basement to.

[marcial.reyes]

We live in a 5 acre parcel of land w a single house two stories. The basement is the ground floor w two units they have always rented out to others and we leased the second floor which is the main house. The agent the owner used was only for the second floor our unit. The basement was rented by others directly from the landlord. Only when the tenants downstairs left we took over w understanding that we would rent it out to sublet so owners would not have to worry about vacancy or care of it. Only when the agent found out that the previous tenants had left and learned that the new tenants were renting from us, the agent was caught off guard. Landlord did not use agent for the suites downstairs. There were written terms on original posting of ad that Homestay families were welcome which meant that we could have others stay in the house. The agent also confirmed that when we renewed the lease it would be for 3 yrs w 2 yr extension. We still have 3 1/2 yrs .

[joypulv]

Such confusion; basement to second floor with no first floor. OK, good luck. Tell the landlord you don't have to move, get all your paperwork together, and plan for all possibilities by doing such things as finding out local laws and what the broker's contract actually looks like. What you were told and what you think no longer count if people start suing. You need proof. Some of your statements are vague on such proof: 'the agent confirmed' isn't clear about what was in writing or verbal. Verbal promises lose a lot of clout when the other party says they never said it and that you got it wrong.

[ScottGem]

Maybe in BC they use different nomenclature, but where I come from a basement is below ground. Now maybe the lower floor is partially below ground which is why you refer to it as a basement, I don't know. But I suggest you start being very consistent in your references. Because if you confuse a court as much as you have confused us, you are going to be in trouble. I suggest you refer to the house as having two levels. An upper level with a 6 bedroom unit, which you originally leased and a lower level with two units (or flats?).

A second issue is whether the lease been re-written to include the entire house? You say you took over the lease for one of the lower level units. That means it was a SEPARATE lease. When that lease expired was a new lease written to cover the two units ore are there still separate leases. And what about the third unit? Do you have anything in writing that your lease now covers all three units? You mentioned you acquired rights to the 3rd unit without the knowledge of the agent. Yet you state the agent was aware of the lease renewal. This implies that your lease does not include the lower level units. Are you sure the landlord is terminating the 5 yr renewal or the lease(s) to the lower level?

Another contradiction. In post #4 you said the agent had tried to rent one of the lower level units (the one you moved your mother into) unsuccessfully for some time. In post #9 you say the agent was only used for the second level unit.

Do you understand how confusing this is now? The law can be very nitpicky. You have to be very precise in referencing everything. Right now it appears you have 5 year lease only to the upper level. That you went behind the agent's back (I don't know whether that was legally or not) to take over your mother's unit. I have no idea what legal responsibility you have for the 2nd lower level unit.

So my suggestion is to do two things. First, to sit down and compose your story consistently and factually. Read and re-read it, imagining the questions we might ask. Second, find out from the landlords, what lease they are terminating and why. Then you can return here and give us the whole story so we can advise you of your next steps.