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Marie Tai
  • Investor
  • Port Moody, British Columbia
33
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50
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Breaking leases early

Marie Tai
  • Investor
  • Port Moody, British Columbia
Posted Oct 15 2018, 13:11

Hello!  My tenant has a lease agreement in place that doesn't end until March next year.  However, they want to break their lease early to move into a bigger unit elsewhere.  Any idea what the rules around breaking this lease agreement would be?  They want to just give me a month's notice and then move in December (which is a terrible time to look for new tenants).  I took a look at my lease agreement and it seems to have rules around how a landlord can break the lease and how tenants can break a periodic lease, but not how they can break a fixed term lease.  On the BC Tenancy website, it seems to read that tenants can't break a fixed term lease unless the landlord and tenant both agree to do so on paper.  I do have a liquidated damages clause on my tenancy agreement though that says that breaking a lease before the fixed term will cost the tenant two month's rent.  Does that mean that the tenants can leave as long as they pay the two month's rent?  

I'm a little vague on this so I would appreciate any insight you might have on the local BC tenancy laws.

Thanks in advance!

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