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    missklutz16's Avatar
    missklutz16 Posts: 7, Reputation: 1
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    #1

    Jan 7, 2008, 08:34 PM
    Can I legally break this lease?
    I live in New Brunswick, Canada, and I was wondering if anyone had any advice for me regarding breaking a lease. I'm renting a room in someone's house, and I signed a 1 year lease, but I was wondering if there is any way that I can break my lease without having to pay the rest of the rent for year.

    When I moved in to the place everything was nice and it was quite, until about two weeks later, when he allowed his parents to move in. The family is East Indian, and immediately I noticed a smell coming from their kitchen, presumably curry. I have put out odour eaters, and done several other things to stop the smell, but nothing works. It gets so strong that even with my door closed it comes into my room and can wake me up from sleep. Keeping the window open isn't even an option because it's currently winter and on average -15 at night.

    Also, they are ridiculously loud. They are constantly yelling at each other across the house, and have a three-year-old child that never stops yelling and screaming. It's literally always going, even at 3 or 4 am, and the parents never do anything to stop it. On the other hand, I can't make any noise whatsoever, I was watching a movie with the volume on 4 at midnight, and they came down to tell me to be quite because their son was trying to sleep (which I knew was a lie because I could hear it screaming away). If I order pizza my landlord will come to see what's going on.

    I just got home from Christmas break, and he came down and told me that I left the "common area" too messy (which I don't understand because I cleaned it before I left), and that it was my responsibility to make sure that the area is cleaned, and if I can't do it he will have to hire someone to clean it, but I will have to pay for it.

    He will also come behind me and turn off all of the heat in all the rooms, and is constantly closing doors, or unlocking the door I use to get in the house for no reason. Is my landlord allowed to do this?

    I have four rules actually on my lease: no pets, no smoking, no partying, and I'm not allowed to have people over. Can my landlord make up rules that I have to follow if they're not on my lease? Since I've signed the lease, he's told me about several more things that I'm not allowed to do (such as not being allowed to park in the driveway, but it's winter and I can't park on the road so I've been forced to leave my car with my parents). Can he enforce these rules and continue to make up new ones?

    And can you break a lease on the fact that my room does not have a lock on the door? There's another room that can be rented, and the entire family wanders down into where I live on a constant basis, and I have no way to secure my room when I'm sleeping, or when I go out. Shouldn't there be a lock on the door, or is that my responsibility? (Although, my friend discovered you can lock me INSIDE the room. Sketchy, I know).

    Sorry, for it being so long, but I want to be clear explaining my situation. Can anyone offer any advice? Can I leave this place, or am I stuck living here for the duration of the lease?
    count coco fang's Avatar
    count coco fang Posts: 27, Reputation: 0
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    #2

    Jan 7, 2008, 09:12 PM
    Ok after reviewing your case I would say RE-READ YOUR LEASE! If he is saying you can't do this or that simply tell him that's not in the lease, therefore, I can and will.
    He MUST provide you with a lock to your room. I am in Arizona so I don't know all the legalities of Canada, but there must be something.
    I would take the lock off the outside of the door. DO IT NOW! (if you can) Then go to the hardware store and get a new door handle with keys that match. Make sure they work then install. If he says anything say you are concerned and want to ba safe at night.
    I also would go to... well... out here we have a place/store called Spy Headquarters. I would try to get a small tape recorder and a bunch of tapes as well as a note book. KEEP COMPLAINING! If you get it on tape and write EVERYTHING down, about the noise, smell... things like that, then you can go to a law office with a copy of your lease and all the documentation and tell them what has been happening to you.
    I'm sure they can figure something out.
    The ONLY way to legally break a lease is if a judge finds the place unsafe, uninhabitable and things of that nature.
    I hope this helps you. DON'T TAKE!! Just because someone says "OH but you signed a lease." DOES NOT give them the right to make things up as they please and make your life hell!
    Also find out what your tenant/landlord rights are for Canada
    Let me know what happens
    missklutz16's Avatar
    missklutz16 Posts: 7, Reputation: 1
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    #3

    Jan 7, 2008, 10:06 PM
    Thanks for the reply, I def. want to get a lock for the door, and I could love to take the one off the outside, but the door is one of those doors that can be half opened, and in order to get rid of the outside lock, I would have to get an entirely new door, and ugh. But I'll try to work something out. :)
    count coco fang's Avatar
    count coco fang Posts: 27, Reputation: 0
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    #4

    Jan 8, 2008, 11:02 AM
    You can re hang a door! It's really not hard. You just need a friend. Make sure the measurements are correct before you go buying a new door! Or you could ask him to replace it, get you a lock, or take the one on there off.
    Let me know how it goes.

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