While tenancy agreements typically run until the end of the agreed rental period, certain circumstances may allow you to terminate your tenancy earlier than planned. Here are some situations where you might be able to do so.
Issues with the Rental Property
If your landlord fails to meet their responsibilities under the Residential Tenancies Act (RTA), you can request to end your tenancy early by applying to the Landlord and Tenant Board. To succeed, you need to demonstrate that your landlord has breached the RTA and that moving out is the best solution to resolve the issue.
Mutual Agreement to End the Tenancy
Another option is to speak with your landlord about the possibility of ending your lease early. If your landlord agrees, ensure that this agreement is documented in writing for your records.
Finding a Replacement Tenant
If your landlord does not agree to terminate the lease early, you have the right to propose a new tenant to take over the remainder of your lease. If your landlord accepts this new tenant, you will transfer, or “assign,” your lease to them. As always, ensure this agreement is put in writing.
Your landlord has the right to refuse the new tenant, but only for a valid reason. They may also charge you for any reasonable expenses incurred during the process, such as performing a credit check on the new tenant. If you believe your landlord is charging unreasonable fees or has unfairly refused the new tenant, you can seek assistance from the Landlord and Tenant Board.
Subletting Your Unit
Subletting is another option, where you temporarily move out and allow someone else to live in your unit while you are away, with the intention of returning before the lease ends. In this arrangement, you remain the official tenant and are still responsible for the lease and rent, while the person living in your unit is considered the subtenant.
Leaving Due to Domestic or Sexual Abuse
If you or a child living with you is at risk of harm due to domestic or sexual abuse, you can legally end your tenancy by giving 28 days’ notice. To do this, you must provide your landlord with a completed Tenant’s Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse (N15) form, along with a Tenant’s Statement About Sexual or Domestic Violence and Abuse. Alternatively, you can submit a copy of a court order, such as a restraining order or peace bond. Your landlord is generally required to keep this information confidential.
For more detailed information or help with ending your tenancy early, you can contact a legal clinic or housing help centre. You can find local resources by visiting the “Services Near Me” section on IndoCanadaProfessionals.
Summary of Key Points:
1. Issues with the Rental Property:
- You can apply to end your tenancy early if your landlord violates the Residential Tenancies Act and you can prove that moving out is the best solution.
2. Mutual Agreement:
- Discuss with your landlord about ending the lease early. Ensure any agreement is documented in writing.
3. Finding a Replacement Tenant:
- Propose a new tenant if your landlord refuses to end the lease. The landlord must have a valid reason to refuse and can charge reasonable fees for the process.
4. Subletting:
- Temporarily move out and let someone else live in the unit with the intent to return before the lease ends. You remain responsible for the lease.
5. Leaving Due to Domestic or Sexual Abuse:
- Provide 28 days’ notice if you or a child living with you is at risk. Submit the required forms or a court order, and the landlord must keep this confidential.
These options provide various ways to end your tenancy early, depending on your situation and the circumstances surrounding your rental agreement.
Last modified: March 25, 2025
