Question about ending a Fixed-Term Tenancy?

So... I am a tenant in a rental property. There are two other tenants on the tenancy agreement (3 in total) and it is fixed for 12 months. Were are only 3 months into the 12 months.

One of the tenants has had people staying in his room. He has been charging them a lot of money and keeping the profits for himself. Meanwhile the rest of us have to cover the huge increase in bills.

Myself and the other tenant want him to leave.

My questions are:

Can the 12 month fixed term be ended early due to his behavior?

Is that behavior illegal? is there any way to have him evicted?

I have tried contacting our property manager but he is quite useless and can take weeks to respond.

2 Answers

Relevance
  • 2 months ago

    You can break the lease but you would have to pay lease break fees. 

    All tenants on the same lease are equals. You have no power what so ever to make him leave.  It is not illegal but it is likely a violation of the rental agreement. All tenants on the same lease are seen as 1 entity under the law. One violates the lease then ALL get evicted not just him. 

  • 2 months ago

    You cannot force your co-tenant to leave, he has as much right to remain as you do.  But you can take steps to stop him from violating the lease by subletting his room.  Unfortunately any remedy via the landlord will impact you all as you are jointly and severally liable for lease violations. 

    Try peer group pressure.  Tell him that you will all be evicted if he continues to do this and that the eviction will be expensive and will prevent him from finding something else.  Stay away from the higher bills, that is not the point.  The point is that you will all be thrown out. 

    Draw up a written set of rules that all three need to comply with.  Something like; no guests without tenant being present.  Overnight guests limited to two nights a week.  No keys to be given out.  Unreasonable use of electric, gas and water to result in arbitrary and capricious division of the bill.  I'm sure you get the picture.

Still have questions? Get answers by asking now.