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 PDU
travel kid vs.amerika
Registered: 12/03/02
Posts: 8,655
Loc: beautiful BC
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 What happens when you break a lease?
#15809530 - 02/14/12 05:06 PM (3 months, 12 days ago) |
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In my case, i signed a lease for a new suite - and have since decided that i don't want to move in due to a variety of circumstances (mostly, after the tenents vacated, the place is shittier than i thought.)
I want to find another place, and simply loose my damage deposit.
It is just a basement suite with a rental agreement signed by me and the owners upstairs. Will this affect my credit rating?
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 Patlal
Ginger Ale
Registered: 10/09/10
Posts: 8,050
Loc: Ottawa 
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Re: What happens when you break a lease? [Re: PDU]
#15809539 - 02/14/12 05:07 PM (3 months, 12 days ago) |
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You'll lose the deposit
OR
Get sued.
I doubt you'll get sued if they keep your deposit though.
You credit rating will not get affected.
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HumanEnlightenment
Everchanging Psychonaut
Registered: 12/30/11
Posts: 172
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Re: What happens when you break a lease? [Re: PDU]
#15809550 - 02/14/12 05:08 PM (3 months, 12 days ago) |
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From the signed lease, unless an agreement has been broken and provable in a court of law, you must finish payments until the due date. For more information relating to your lease, I RECOMMEND YOU READ THAT INSTEAD OF ASKING>>..<<<< 
Also, credit would get hurt and payments will still need to be made.
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The Human Brain is so underdeveloped, it is our responsibility as a race to push the boundaries, the limits, and expand our knowledge of ourselves. "In their is a New World, in their is Our future, in their is Our Destiny."~ Kevin Flynn
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 anunnakian
Cursed by Bewilderment
Registered: 07/16/10
Posts: 9,812
Loc: State of Jefferson
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Re: What happens when you break a lease? [Re: PDU]
#15809560 - 02/14/12 05:09 PM (3 months, 12 days ago) |
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How long was the lease for?
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To Do List:
 Bananadine, Glue, Dust Off, Catnip, Jenkem, Gasoline, Nutmeg, Gold Paint, 5-MeO-W, Mothballs, 4Loko, Spice
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PDU
travel kid vs.amerika
Registered: 12/03/02
Posts: 8,655
Loc: beautiful BC
Last seen: 17 hours, 20 minutes
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Re: What happens when you break a lease? [Re: anunnakian]
#15809700 - 02/14/12 05:31 PM (3 months, 12 days ago) |
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1 year.
If it matters - i feel the suite was misrepresented. There is a large gap in the flooring that was covered by a couch, and they advertised the suite as nearly 300sq.ft bigger than the actual sq footage.
(i knew it was smaller than advertised, but didn't realize it was actually as small as it is until i took out the tape measure.)
Also, if its relevent - it doesn't have a hood fan, which i believe is against building code? I didn't notice during the walk through....
I believe it is an illegal suite, does that help my situation.
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psi
Registered: 09/05/99
Posts: 1,147
Loc:
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OP, contact the landlord and tenant board or whatever the equivalent is, they will know better than anyone here what the laws are locally.
Quote:
HumanEnlightenment said:
From the signed lease, unless an agreement has been broken and provable in a court of law, you must finish payments until the due date.
I wonder how much of the time that really happens though. If the landlord does go after you for every month's rent between when you left and when the lease expires, does that mean they aren't allowed to rent the place to anyone else until your original lease is up? If they can do both, why exactly should they deserve double rent for those months?
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SlashOZ
Can't tell if trolling
Registered: 10/20/06
Posts: 2,988
Loc: or just in America
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Re: What happens when you break a lease? [Re: PDU]
#15809816 - 02/14/12 05:46 PM (3 months, 12 days ago) |
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Quote:
PDU said:
In my case, i signed a lease for a new suite - and have since decided that i don't want to move in due to a variety of circumstances (mostly, after the tenents vacated, the place is shittier than i thought.)
I want to find another place, and simply loose my damage deposit.
It is just a basement suite with a rental agreement signed by me and the owners upstairs. Will this affect my credit rating?
A couple of things might happen:
1) they are nice and will let you off while simply keeping your deposit
2) they are assholes and will sue and win and get all of the rent money and you'll still need to find another place
or
3) you can find someone else to take your lease for you, ie a sublease or an assignment.
good luck man and I highly suggest you go with option 3.
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"Life's a bitch and then you die that's why we get high cuz you never know when you're gonna go." - NAS
"When people don't know what you're about they put you down and shut you out" - Black Sabbath
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luvdemshrooms
Two inch dick..but it spins!?
Registered: 11/29/01
Posts: 20,727
Loc: Lost In Space
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Re: What happens when you break a lease? [Re: PDU] 1
#15809823 - 02/14/12 05:48 PM (3 months, 12 days ago) |
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Quote:
PDU said:
In my case, i signed a lease for a new suite - and have since decided that i don't want to move in due to a variety of circumstances (mostly, after the tenents vacated, the place is shittier than i thought.)
I want to find another place, and simply loose my damage deposit.
It is just a basement suite with a rental agreement signed by me and the owners upstairs. Will this affect my credit rating?
Well, as a landlord for many years:
A. You will lose your deposit.
B. You are legally liable for whatever monies you agreed to pay over the course of the lease term.
C. If he takes you to court and wins, it will affect your credit as you will have a judgment against you.
D. Some landlords will report you to a credit bureau regardless.
E. Some landlords will report you to landlord reporting agencies. This is an unofficial blacklist and can severely affect your ability to get an apartment (if your prospective new landlord is a member of the agency).
Note that is a worst case scenario. Some landlords will just keep your deposit. Some will want a negotiated settlement, typically a few months rent. Some will want it all and will take every step necessary to collect.
Laws vary from state to state. I'd advise you to approach your landlord. Tell him your circumstances have changed and see what he wants you to do. If it's reasonable... do it. If it's not reasonable, offer to pay for advertising and rent while he finds a new tenant.
If you have access to the apartment, take pictures so that if you wind up in court, you have evidence that the place is "not very nice".
Make no mistake, this can (but often doesn't) have serious consequences.
Now, consider this. In my state, when a judgment is won, the loser gets to fill out a form called an "Affidavit of Financial Responsibility". This lists all your debts and obligations. Often the Judge will say... "gosh Mr. luvdemshrooms... the tenant is poor, destitute and butt fucking ugly. He can't really pay the judgment. Payment is deferred and you can file again for payment in a few months".
Or:
"gosh Mr. luvdemshrooms... the tenant is poor, destitute and butt fucking ugly. He can't really pay the judgment in full. Payment will be 5.00 per week for the rest of your life, but you can file for reconsideration of payment in a few months".
Still fucks your credit.
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“In politics, few talents are as richly rewarded as the ability to convince parasites that they are victims. Welfare states on both sides of the Atlantic have discovered that largesse to losers does not reduce their hostility to society, but only increases it. Far from producing gratitude, generosity is seen as an admission of guilt, and the reparations as inadequate compensation for injustices – leading to worsening behavior by the recipients.
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A thin-skinned Mod that deletes rates of himself that he doesn't like.
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PDU
travel kid vs.amerika
Registered: 12/03/02
Posts: 8,655
Loc: beautiful BC
Last seen: 17 hours, 20 minutes
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Quote:
HumanEnlightenment said:
For more information relating to your lease, I RECOMMEND YOU READ THAT INSTEAD OF ASKING>>..<<<<
I hear you. I have read it through and didn't think this scenerio was covered in it, and i just re-read it through and was correct.
The "ending the tenency" section of the lease covers:
-What happens once my lease is up.
-How to give notice.
-How to rent month to month after the lease is up.
-How the landlord can evict me.
-How we can mutually agree to end the agreement.
However, it does not cover the situation about ending tenency before the lease is up...
I am going to go to the Residential Tenency Branch's website and will report back.
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GO OUTSIDE.
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psi
Registered: 09/05/99
Posts: 1,147
Loc:
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Re: What happens when you break a lease? [Re: luvdemshrooms]
#15809869 - 02/14/12 05:54 PM (3 months, 12 days ago) |
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http://www.tenants.bc.ca/ckfinder/userfiles/files/Breaking%20your%20lease%20Q&A.pdf
Essentially in BC you owe for the downtime and any advertising costs, not necessarily the full amount of rent you would have paid. All depends how long it takes them to re-rent the place.
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meams
Blessed
Registered: 01/11/05
Posts: 16,172
Loc: In a Tree
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Re: What happens when you break a lease? [Re: psi]
#15809921 - 02/14/12 06:05 PM (3 months, 12 days ago) |
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What happens when you break a lease? READ YOUR LEASE.
lolol 
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psi
Registered: 09/05/99
Posts: 1,147
Loc:
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Re: What happens when you break a lease? [Re: meams]
#15809940 - 02/14/12 06:08 PM (3 months, 12 days ago) |
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Not everything in there is necessarily going to be enforceable though, depends on the local laws.
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blujay
pass it b*ch!
Registered: 04/01/09
Posts: 4,721
Last seen: 20 days, 15 hours
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Re: What happens when you break a lease? [Re: psi]
#15809959 - 02/14/12 06:12 PM (3 months, 12 days ago) |
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Quote:
psi said:
OP, contact the landlord and tenant board or whatever the equivalent is, they will know better than anyone here what the laws are locally.
Quote:
HumanEnlightenment said:
From the signed lease, unless an agreement has been broken and provable in a court of law, you must finish payments until the due date.
I wonder how much of the time that really happens though. If the landlord does go after you for every month's rent between when you left and when the lease expires, does that mean they aren't allowed to rent the place to anyone else until your original lease is up? If they can do both, why exactly should they deserve double rent for those months?
I assure you, they do.
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wat man rly
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psi
Registered: 09/05/99
Posts: 1,147
Loc:
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Re: What happens when you break a lease? [Re: blujay]
#15809971 - 02/14/12 06:14 PM (3 months, 12 days ago) |
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They do what?
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blujay
pass it b*ch!
Registered: 04/01/09
Posts: 4,721
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Re: What happens when you break a lease? [Re: psi]
#15809986 - 02/14/12 06:17 PM (3 months, 12 days ago) |
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Pursue you with collections agencies for every last dollar.
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wat man rly
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meams
Blessed
Registered: 01/11/05
Posts: 16,172
Loc: In a Tree
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Re: What happens when you break a lease? [Re: psi]
#15809993 - 02/14/12 06:18 PM (3 months, 12 days ago) |
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Why is there even a questioN? Surely you have a copy of your lease. Read the section that speaks to what happens when you break your lease.
In my house in VA: you pay a $950 up front break fee; pay for "search costs" - wich i'm assuming entails them posting ads to rent your place, and you pay rent until it gets a new tenant. note: this is extreme
In my house in DC: you pay two months rent.
which is why i'm paying two leases! (until April 30)
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PDU
travel kid vs.amerika
Registered: 12/03/02
Posts: 8,655
Loc: beautiful BC
Last seen: 17 hours, 20 minutes
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Re: What happens when you break a lease? [Re: meams]
#15810007 - 02/14/12 06:20 PM (3 months, 12 days ago) |
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Well Meams, If you read the thread you would understand that i have read my lease and it DOES NOT cover my situation.
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GO OUTSIDE.
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psi
Registered: 09/05/99
Posts: 1,147
Loc:
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Re: What happens when you break a lease? [Re: blujay]
#15810025 - 02/14/12 06:22 PM (3 months, 12 days ago) |
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Quote:
blujay said:
Pursue you with collections agencies for every last dollar.
Except in BC the "double rent" scenario would not apply, they can apparently only recover actual losses.
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psi
Registered: 09/05/99
Posts: 1,147
Loc:
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Re: What happens when you break a lease? [Re: PDU]
#15810041 - 02/14/12 06:25 PM (3 months, 12 days ago) |
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Quote:
PDU said:
they advertised the suite as nearly 300sq.ft bigger than the actual sq footage.
Can you get a hard copy of the ad somehow?
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blujay
pass it b*ch!
Registered: 04/01/09
Posts: 4,721
Last seen: 20 days, 15 hours
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Re: What happens when you break a lease? [Re: psi]
#15810046 - 02/14/12 06:26 PM (3 months, 12 days ago) |
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Quote:
psi said:
Quote:
blujay said:
Pursue you with collections agencies for every last dollar.
Except in BC the "double rent" scenario would not apply, they can apparently only recover actual losses.
Enjoy your country while it hasn't gone to complete shit, that;s how it works here.
Honestly if you were an American the most viable approach would be to deliberately introduce a no-fault situation making the place uninhabitable and then go get legal help before giving your slumlord any warning; there are regulations you can break for them and use to break your lease.
I've had to do this. I probably should not have told anyone that, but whatever, the internet is big enough.
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wat man rly
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meams
Blessed
Registered: 01/11/05
Posts: 16,172
Loc: In a Tree
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Re: What happens when you break a lease? [Re: PDU]
#15810063 - 02/14/12 06:29 PM (3 months, 12 days ago) |
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Quote:
PDU said:
Well Meams, If you read the thread you would understand that i have read my lease and it DOES NOT cover my situation.
If there isn't anything in your lease that speaks to you breaking your lease early, then they shouldn't be able to do anything. You would have had to agree to any punishments they could subject you to.
Leave that shit!
Or just ask them. And if they say something, say "why isnt this in my lease?"
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meams
Blessed
Registered: 01/11/05
Posts: 16,172
Loc: In a Tree
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Re: What happens when you break a lease? [Re: meams]
#15810065 - 02/14/12 06:30 PM (3 months, 12 days ago) |
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Also: sorry I didnt read your whole thread - i'm multitasking tonight.
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PDU
travel kid vs.amerika
Registered: 12/03/02
Posts: 8,655
Loc: beautiful BC
Last seen: 17 hours, 20 minutes
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Re: What happens when you break a lease? [Re: meams]
#15810206 - 02/14/12 07:01 PM (3 months, 12 days ago) |
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The thing is... Here in BC, a "lease" isn't actually a lease,.. we sign a "residential tenency agreement" ...
I don't know about the legalities ... i guess the post PSI posted explains the stipulations.
Quite frankly, i don't want to fuck over the landlords, or deal with any of the possible legal ramifications. The place isn't THAT bad, and they are going to let us paint it up and do what we want ... (i work in renovations, so it'll be a fun project.)
It's less than perfect - but we'll give it a go, and if it doesnt work out in 6 months, cross that bridge when we get there.
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GO OUTSIDE.
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meams
Blessed
Registered: 01/11/05
Posts: 16,172
Loc: In a Tree
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Re: What happens when you break a lease? [Re: PDU]
#15810280 - 02/14/12 07:15 PM (3 months, 12 days ago) |
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glhf!
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Brennus
Student of Life
Registered: 05/31/08
Posts: 3,091
Loc: SE United States 
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Re: What happens when you break a lease? [Re: meams]
#15810409 - 02/14/12 07:42 PM (3 months, 12 days ago) |
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Every situation is different.. personally, I recommend you contact the landlord and try and work something out. However, I'll share a story of going scorched-earth on a lease.
A few years back, I had a landlord from hell. He would show up a week before rent was due (unannounced), usually drunk, and try to beg/plead/threaten rent out of us early. The plumbing in the house was shit and the insulation was atrocious. I also had a female room mate that he constantly made feel uncomfortable. This guy was scum.
We figured he would keep the security deposit anyway. The lease was up in February and we all had peaced out by Christmas. I left a big fat deuce in the comode and had the water cut-off. He actually called about two days before rent was due in January and wanted to know the status of the rent check. I told him to go fuck himself. He tried to send a bill for $1,200+ to my job for clean-up expenses but I knew I was only on the hook for about $200 or so in unpaid rent combined with the security deposit. I gambled that he wouldn't take me to court for $200 and would try to scare the money of out me, which didn't work. Long story short, no black marks on my credit and I rented a new place just fine a year or two later.
Do I recommend you do the same thing? No. But if your landlord seems like a decent person, try and work something out.
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PDU
travel kid vs.amerika
Registered: 12/03/02
Posts: 8,655
Loc: beautiful BC
Last seen: 17 hours, 20 minutes
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Re: What happens when you break a lease? [Re: Brennus]
#15816152 - 02/15/12 09:10 PM (3 months, 11 days ago) |
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You know what, i went over today (i've got access to the suite for the next month to do some Renos.)...
It's not so bad. It is smaller than advertised, but is bigger than what i have now. We thought we were fucked for storage space, but it turns out they are going to make some space in the laundry room for us + there is a fair bit of space in the garage.
I am doing some drywall touch ups, baseboarding, painting and doing some other work around the place for free ... i think after its "customized" ... life'll be pretty sweet.
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GO OUTSIDE.
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