BC Tenancy agreement "term explain help"

[Clorets90]

Hello everyone,

Please I need help understanding this term in more detail it's unclear to me as I'm not familiar with agreements & terms.
The term says:
"LIQUIDATED DAMAGES. If the tenant breaches a material term of this Agreement that causes the landlord to end the tenancy before the end of any fixed term, or if the tenant provides the landlord with notice, weather written, oral, or by conduct, of an intention to breach this Agreement and end the tenancy by vacating, and does vacate before the end of any fixed term, the tenant will pay to the landlord the sum of 400$ as LIQUIDATED DAMAGES and not as a penalty for all costs associated with re-renting the rental unit. Payment of such LIQUIDATED DAMAGES does not preclude the landlord from claiming further rental revenue losses that will remain unliquidated."

We asked the landlord manager before signing this agreement "if we leave the unit before ending the one year what will happen? He said you need to pay me 400$ and you are good to go we will not hold you to the contract"

Now I got a job offer in other city and I want to move.

As usual I ask here before taking action at least I have ideas from the members.

Please tell if there is something negative that may happen and if so what is it & what will be the consequences?

Thanks everyone

 

[canuck78]

It should mention in your lease or else there is a default provincial standard. You should have given notice yesterday because now we are April 1st. Typically you have to give 2 months notice but sometimes it’s 1 month. He can sue you for the full rental period if they don’t have another tenant ready to move it.

 

[Clorets90]

It should mention in your lease or else there is a default provincial standard. You should have given notice yesterday because now we are April 1st. Typically you have to give 2 months notice but sometimes it’s 1 month. He can sue you for the full rental period if they don’t have another tenant ready to move it.

Is there court or something bad if I pay him 400$ and move in July?
Thank you

 

[Clorets90]

I will tell him now sure so that he know.

 

[canuck78]

You need to give notice by the first of the month. You are very early so you have given 2 months notice if you want to leave June 30th. You need to be gone June 30th by 11:59pm. Not sure when your lease ends. If it ends in September you could have to pay $400 and he could sue you for not paying rent July and August. The best thing would be to tell your landlord now that you would like to be out by the end of June. Yes you’ll likely lose $400 but ask whether it would be possible to show the apartment for July 1st availability or can you sublet the apartment for the remainder of the lease. In that case you would find tenants to move in and they would take over the remainder of the lease but technically you are still responsible.

 

[Clorets90]

You need to give notice by the first of the month. You are very early so you have given 2 months notice if you want to leave June 30th. You need to be gone June 30th by 11:59pm. Not sure when your lease ends. If it ends in September you could have to pay $400 and he could sue you for not paying rent July and August. The best thing would be to tell your landlord now that you would like to be out by the end of June. Yes you’ll likely lose $400 but ask whether it would be possible to show the apartment for July 1st availability or can you sublet the apartment for the remainder of the lease. In that case you would find tenants to move in and they would take over the remainder of the lease but technically you are still responsible.

Thank you very much I have much more better understanding about this term.

 

[canuck78]

Thank you very much I have much more better understanding about this term.

It's all up to your landlord and when your lease ends. I would recommend you explore your options with your current landlord before you make your plans to move. If you are going to be sued for thousands of dollars you may have to change your plans.

 

[Clorets90]

It's all up to your landlord and when your lease ends. I would recommend you explore your options with your current landlord before you make your plans to move. If you are going to be sued for thousands of dollars you may have to change your plans.

Also other reasons are:
1- There are weed smoking people OUTSIDE the building so we feel always dizzy & have problems in breathing.
Landlord didn't mention that there is a smoker underneath us so all the smoke goes up into our apartment.

2- there is construction very close to the building so we can't feel rest.

What is the good step to take so we are in good condition imagine while writing this post I'm having headache & breathing pain.

I'm afraid to leave as I signed one year still 6 months till the end of agreement niether can't stay as I can't have peace of mind.

Thank You!

 

[Clorets90]

The people live in the same building but they smoke on the balcony outside their apartments...

 

[canuck78]

Report the smoking or ask if they can smoke further away from the windows. Construction nearby is just a normal inconvenience. These are not reasons to abandon leases unless you are willing to pay the 6 month balance.

 

[Clorets90]

Report the smoking or ask if they can smoke further away from the windows. Construction nearby is just a normal inconvenience. These are not reasons to abandon leases unless you are willing to pay the 6 month balance.

Thank you very much

 

[Clorets90]

Please what I should do the weed smell is killing us we are choking we are having headache all the time we want to move please help me find a good way to leave I told the building manager but nothing is happening....

If I call Police or explain the situation to immigration will they help me (I will pay the damage 400$) as the manager stated when we signed the damn agreement if we move before end of term we pay 400$

I'm willing to pay 400$ and leave....

The location of the apartment is very wanted...

Please HELP!

 

[Clorets90]

I beg you people HELP me!

 

[canuck78]

Please what I should do the weed smell is killing us we are choking we are having headache all the time we want to move please help me find a good way to leave I told the building manager but nothing is happening....

If I call Police or explain the situation to immigration will they help me (I will pay the damage 400$) as the manager stated when we signed the damn agreement if we move before end of term we pay 400$

I'm willing to pay 400$ and leave....

The location of the apartment is very wanted...

Please HELP!

Forget what the landlord said and read your lease and see what the conditions are for ending the lease prematurely. Have you asked the people smoking if they could move away from the building because you have children and the smoke is entering your apartment. Most people are accommodating. Have you contacted your landlord in writing (email) about the smoke issue? I would be keeping a detailed record about the smoke problem. There is no guarantee the next apartment will be better.

 

[steaky]

Wondered if air purifier products can be used to get rid of the weed odour. If it doesn't work, I guess you can return to store and have money back.