Terminating a lease and ending a tenancy early in Canada can be
complicated, but there are certain situations when you can do it. Whether you have a fixed or non-fixed term tenancy, you
can end it and
move out if you give the written
notice to your landlord. You may also come to an agreement with them to end
your tenancy.
However, if you want to move out early, it won’t
always be possible. Let’s have a closer look at some of these situations:
Giving Proper Notice
Every notice must include the termination date, which is the last day
you plan to livein the apartment. Unless you provide notice that you’re moving
out, your tenancy will continue — and with it, your responsibilities for the
apartment. With a fixed-term tenancy, your notice must come at least 60 days
before the end of the lease, and your termination date can’t be before the end
of the fixed term.
For a non-fixed-term tenancy the notice is also at least 60 days if you
have a monthly rent payment, and 28 days if it’s weekly. The termination date
has to be the last day of the rental month or week.
Making an Agreement with the Landlord
If the landlord agrees, it’s possible to end your tenancy early
regardless of your previously agreed-upon term. However, it’s best to get this
agreement in writing. The landlord might accept this because they’d be allowed
to increase the rent for the new tenant after you leave.
You can use the Agreement to Terminate a Tenancy (Form N11). Just make
sure you do leave on your termination date because otherwise, the landlord can
evict you.
Assigning or Subletting Your Tenancy
You can also agree with your landlord to assign or sublet your tenancy
to someone else. If you assign your tenancy, you will have to leave the
apartment permanently, but if you sublet it, you can return before the end of
the tenancy, after a predetermined amount of time.
Both the assignee and the subtenant will pay the same rent you do. While the assignee will pay it to the
landlord and the subtenant will pay it to you, and you will then pay it to the
landlord. The landlord can refuse to let you assign or sublet, but it can’t be
for arbitraryreasons.
Issues with the Landlord
If you have any of the following issues with your landlord, you can
apply to the Landlord and Tenant Board to issue an order to end your tenancy
early:
●
Landlord doesn’t maintain the rental
property;
●
Landlord alters the locking system
without giving you replacement keys;
●
Landlord harasses you;
●
Landlord withholds a vital service
or deliberately interferes with it or your enjoyment of the rental property;
●
Landlord unlawfully enters the
rental property;
●
Landlord refuses to let you assign
or sublet the rental unit for arbitrary reasons.
Special Situations
You can leave the tenancy early if you’ve experienced domestic or sexual
abuse and violence. You’ll need LTB Form N15, a notice of 28 days, and the copy
of a peace bond or restraining order against the abuser.
Also, if your landlord didn’t use the standard lease form, which is the
required one since April 30, 2018, you can give them notice to end your tenancy
early if they don’t give you a copy of the standard lease form within 21 days
of your request.
