How to Terminate a Lease

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.

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