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    ashes1231's Avatar
    ashes1231 Posts: 2, Reputation: 1
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    #1

    Nov 24, 2009, 06:13 PM
    Can a guarantor get out of a lease without the tenants breaking it?
    Hi,

    I'm currently in a lease that my uncle is the guarantor for. The lease was started in September 2009 in Toronto. However I've since then decided to take the year off school and as such I will be going back home [to the Caribbean]
    My roommate and I have spoken to the landlord and he would rather not break the lease, and we agree, seeing as it would be a massive inconvenience to everyone involved to move. We've since then decided to sublet my room to someone that we are going to find via putting ads up. The landlord agrees as long as the lease is unaffected.
    The problem is my uncle doesn't want to be a guarantor anymore if he has no relations to the new tenants of the apartment. Is there any way that he can get out of the lease without us breaking the entire lease?
    The landlord already has our credit checks and twelve post dated cheques.


    Thanks so much for your advice in advance
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 24, 2009, 06:28 PM
    Quote Originally Posted by ashes1231 View Post
    The landlord agrees as long as the lease is unaffected.
    The problem is my uncle doesn't want to be a guarantor anymore if he has no relations to the new tenants of the apartment. Is there any way that he can get out of the lease without us breaking the entire lease
    Hello ashes:

    Of course, your landlord doesn't want the present lease affected, because your uncle is guaranteeing it.

    Nope. There is no way to get him off, if you're not willing to guarantee the tenant you find.

    excon
    ashes1231's Avatar
    ashes1231 Posts: 2, Reputation: 1
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    #3

    Nov 24, 2009, 06:36 PM
    Quote Originally Posted by excon View Post
    Hello ashes:

    Of course, your landlord doesn't want the present lease affected, because your uncle is guaranteeing it.

    Nope. There is no way to get him off, if you're not willing to guarantee the tenant you find.

    excon
    Thanks a lot excon. It doesn't help my situation though. I'm going to have to work something out with my uncle and roommate.
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