Break a Lease due to Safety Concern

[Kare]

As a Guarantor to my daughters dwelling I want to break a yearly lease due to her falling down 18 steps uninterrupted due to unsafe stairs.

They have since been fixed but she is not comfortable with them and they will now be very slippery during the winter. I have requested they be carpeted to help prevent slips as they are ceramic tile.

Any suggestions.

He has been given notice but is threatening small claims court and collection agency.

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and questions with us.

You can find some information on the Landlord and Tenant Board website in the HOW A TENANT CAN END A TENANCY section.

Here is an excerpt,

Can a tenant break a lease?

Breaking a lease means that a tenant wants to leave their unit before their tenancy agreement is over. For example, a tenant who signed a one year lease might want to leave their unit in the eighth month.

A tenant and landlord can agree to break a lease. It is best for both parties if this agreement is in writing and is signed by the landlord and the tenant. If the landlord is not willing to break the lease, the tenant has the right to assign the unit to a new tenant with the landlord’s consent.

You mentioned that he is threatening small claims court. It may be best for you to contact the nearest Community Legal Clinic for some assistance.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org