Canadian Rental Agreement. Broken 'contract'?

Hi,





I am renting out my basement area, a man called from another province asking about my place as he was moving here to a new job. He was very interested and we spoke for over an hr, I was VERY clear I wanted a single, long term renter, several times he assured me that was his intention, at the absolute shortest he would rent was 3 months as that was his trial period at the new job and they could withdraw their intrest in him within 3 mnths, if that happened he would go back home. Otherwise he was looking to rent for at least a year. We really got along well on the phone and he was in complete agreement with all my terms, but wanted to bring his pets, I said no so he decided against it.





A few days later he called back telling me he wanted to rent it anyway, again we spoke for an hour going over our expectations and again he fully agreed to them all, again we covered the length of stay, again he assured me 3 mnths minimum. He asked if I would save it one month for him and I was very hesitant as I had other long term people looking at it, but he was so impressive I said I would with a deposit to hold it in case he never showed up. I took 1/2 a mnths rent and verified with his job he was expected.


He called several more times during the mnth, I did get his deposit, a week before he came he called again to ask if I minded his girlfriend who was driving 3 days here to move him, could stay 3 days to recoup before leaving again...I said yes. A mnth and 3 days later he got here, within 10 min he advised me he had decided his girlfriend was going to live with him and if i didnt like it he would find another place, considering I had missed a whole mnth rent holding it and then more time re renting it, I begrudgingly agreed.


Rent, utilities and terms were only written out for one persons rent, but instead of raising the rent as I could have, I asked for extra utility monies. When he paid his first mnths rent he shorted me money saying he was SURE his amount was what I asked for... so I lost rent too.


She never worked so all day she ran utilities, tons of laundry they had brought with them, tv and lights on all day..etc.. To end an even longer story, 3 weeks into renting he came and told me he was giving his notice to move and he would be gone at mnths end, i was livid! Not only did I miss the whole mnth holding it, all the extra utilities, and now not even the 3 mnths minimum rent we had agreed upon, and perhaps weeks before I can re rent it!





My question is, can I sue him for the months rent I held it, and the 2 months that would have made up the minimum of 3 he had assured me he would rent it for? Our agreement was verbal but I did get the deposit to hold it..also, I did make him sign a month to month agreement in case I ever had to evict him and to cover myself for the amount of rent he would owe.





Is his verbal assurance with me that he was renting for a minimum of 3 months enough to sue him for those 3 months and the one I held it for? He's really made me lose allot of money!





Thanks.|||Residential tenancy agreements state that a month to month is just that...a month to month. You have to give each other at least 30 days notice on a month to month about moving out. You can hold his deposit because he failed to give you 30 days notice (since you are saying he's moving out at the end of the month). Since it's not a 3 month or 1 year lease, you can't sue him or anything for 2 months that you made on a VERBAL contract. Anyone who sees a month to month lease will follow the terms of that month to month lease and not any type of verbal agreement - which is why it's extremely important to always write down any terms or conditions ON THE LEASE AGREEMENT that is signed by both parties. There's nothing you can do except keep the deposit for his failure to give 30 days notice before moving out.|||I don't think his verbal assurance is going to get you anywhere in court. Your best bet is probably to chalk this one up to experience and learn from it. Verbal assurance is worth diddly. It is easy to FAX contracts, do it if this happens again. Never accept 1/2 months rent for a deposit, it's first and last or you are on to the next tenant. There are a million sad tales out there, most of them people brought on themselves. When people start asking for concessions from the start be prepared for a long list of requests coming.





It isn't easy money being a landlord.