Breaking the Lease: Notice Requirements Every Tenant Should Know
2 min read.
When a tenant signs a lease agreement it is expected that they will follow the terms until it expires. A lease break refers to the tenant or landlord’s decision to end the rental agreement before the agreed-upon end date. There are a few reasons a tenant is legally allowed to break in Ontario, if the tenant is a victim of sexual or domestic violence, to be admitted to a care home, if the landlord fails to provide legal requirements in terms of providing a livable habitat for tenants, or if the landlord agrees to let you break the lease.
As a tenant in Ontario, it is important to know your rights and understand the applicable law, reading the Residential Tenancies Act is a good way to educate yourself whether planning to get out of a lease or not.
When processing with early termination of your lease, the first step would be to thoroughly review your rental agreement to determine the terms and conditions of early termination. If you wish to end your rental lease agreement you must provide your landlord with legal written notice a minimum of 60 days in advance before the end date of the lease.
Make an agreement with your landlord
One of the valid options for terminating your rental lease early would be if you and your landlord come to an agreement. You can have an oral agreement, but it is best to have a written agreement, this reduces the chances of future confusion.
Assigning someone to take on your lease
An alternative option would be to come to an agreement with your landlord to have another person take on the remaining rental lease. The landlord must approve of the assignment. If the landlord refuses the assignment or does not reply within seven days of your request, you can end your tenancy early by providing your landlord with a Tenant Notice to Terminate the Tenancy (Form N). This must be no more than 30 days after you made the request, the notice must also be for 30 days.
The landlord has not met their Rental Tenancies Act obligations
If the landlord of the rental property has not met their obligations for maintaining a habitable living condition for tenants. For example, if your landlord:
Is not maintaining the rental property
unlawfully enters the rental unit
alters the locking system without giving you replacement keys
withholds or deliberately interferes with a vital service
interferes with your reasonable enjoyment of the rental property
harasses you
unreasonably withholds consent to assign or sublet the rental unit
The tenant can apply to the Landlord Tenant Board for an order to end the lease agreement early. The LTB will mail a Notice of Hearing with a time and location of your hearing to discuss your application and for you to provide evidence.
A victim of sexual or domestic violence
If you or the child living with you is a victim of sexual or domestic violence, you can end your lease agreement with 28 days’ notice if you believe you or the child may be harmed if you do not leave the unit.
The landlord did not use the standard lease form
If the renal lease agreement is not in the standard lease form, you can demand, in writing that the landlord give you a signed copy of the standard lease form. If the landlord does not provide you with a copy of the standard lease within 21 days of your request, you can give notice to end your lease with a 30-day notice.
There are a few different legal ways to end a rental lease agreement early in Ontario. Aside from some situations, the landlord will need to agree to the decision to end the lease agreement early.
References
18, D. (n.d.). Guide for tenants breaking lease early in Ontario. Surex. https://www.surex.com/blog/guide-tenants-breaking-lease-early-ontario
Legal steps to take when a tenant breaks a lease early in Ontario. Royal York Property Management. (n.d.-a). https://royalyorkpropertymanagement.ca/news-article/legal-steps-to-take-when-a-tenant-breaks-a-lease-early-in-ontario?srsltid=AfmBOorVra8fOH1r5W460WK25oDb49D0r6Wa1f-_XHq4y6JVIODRvTLP
LTB: Brochure: How a tenant can end their tenancy. LTB | Brochure: How a Tenant Can End Their Tenancy. (n.d.). https://tribunalsontario.ca/documents/ltb/Brochures/How%20a%20Tenant%20Can%20End%20Their%20Tenancy%20(EN).html#:~:text=You%20must%20provide%20the%20landlord,day%20of%20a%20rental%20period.
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