If you move out before the end of a fixed-term lease in Ontario, you could be on the hook for rent unless your tenancy has legally ended.
There are some circumstances where you can end the lease early, including by agreement with your landlord, by assigning the tenancy to another person, using the standard-lease remedy, applying to the Landlord and Tenant Board if your landlord has seriously breached the lease, or by giving notice to terminate on grounds of sexual or domestic violence.
Our MyChoice team looked into Ontario’s Residential Tenancies Act, Form N9 and its instructions, the LTB’s ending your tenancy as a tenant guide and the Landlord and Tenant Board’s tenant forms and resources to find out about deadlines, rules around a landlord’s ability to refuse a tenant’s assignment of their tenancy, how much rent you could be on the hook for and how to adjust your tenant insurance if you’re moving out sooner than expected.
Can You Terminate A Lease Early In Ontario?
Moving out of a rental does not mean the tenancy has ended.
To end a lease early, a tenant needs a written agreement with the landlord, an assignment, an LTB order, a right to terminate because of domestic or sexual violence, or the standard-lease remedy.
If none of these situations apply, a tenant under a fixed-term lease normally cannot choose to end their lease early.
| Route | Form or document | Timing or condition |
|---|---|---|
| Agreement with landlord | Form N11 or another clear written agreement | Any date both sides freely accept |
| Landlord refuses assignment generally or gives no answer within 7 days | Form N9 | If the tenant has a tenancy agreement/lease, the tenant may terminate the tenancy agreement/lease by giving the landlord at least 30 days’ notice (28 days’ notice for a daily or weekly tenancy) within 30 days of the tenant’s request. |
| Landlord agrees to assignment but unreasonably rejects a person | Form A2 | The LTB may be asked to authorize a lease assignment, end a tenancy, or order a rent rebate. |
| Sexual or domestic violence risk | To terminate your lease before it is supposed to end, you need Form N15 and either the required statement or a qualifying court order. | At least 28 days’ notice |
| Landlord did not use the required standard lease | Written demand, then Form N9 | The 21-day and 30-day rules described below apply |
| Serious landlord breach | Application that matches the issue | The LTB decides whether to end the tenancy |
How Much Notice Do You Normally Give?
The LTB requires five extra days when you deliver notice by mail. Special rules apply when the date falls at the end of February or in March. Review the N9 instructions before calculating the termination date.
Typically, when using form N9, a month-to-month tenancy requires at least 60 days’ notice. The date the tenancy ends must be the last day of a rental cycle. For daily or weekly tenancies, you must give at least 28 days’ notice, and the tenancy must end on the last day of the daily/weekly period. For a fixed-term tenancy, the tenancy cannot normally end before the last day of the term. For more information, see Form N9.
Make An Agreement With Your Landlord
Your landlord cannot require you to sign an agreement to end the tenancy as a condition of renting. Exceptions apply only to certain student housing and care homes.
You and your landlord can agree to end the tenancy at any time. You can record this on Form N11 or make your own written agreement. Make sure it covers the end date and anything else you’ve agreed, such as who gets any money, who keeps the keys, what happens to rent for the last month, and whether either of you has any legal claims against the other.
Assign The Tenancy Instead Of Subletting
An assignment transfers your lease to another tenant. It is similar to subletting, but there’s an important difference. When you sublet your rental, it’s temporary. When you assign your lease, it’s permanent.
You need your landlord’s approval before assigning your lease. Ask in writing and keep a record of the date you requested it.
If your landlord won’t allow assignments or doesn’t respond to your request within seven days, you can serve an N9. The termination date in an N9 must be at least 30 days after you serve it, or 28 days in a daily or weekly tenancy. It doesn’t have to be at the end of a lease or rental period. You can serve an N9 no longer than 30 days after you asked to assign your lease.
If your landlord allows an assignment, they can’t unreasonably or arbitrarily refuse a specific person. If they do, you can apply to the LTB using Form A2.
Your landlord can charge a fee to consider an applicant, but it must cover reasonable, out-of-pocket costs, such as a credit check, and can’t be arbitrary or unreasonable.
When The Standard-Lease Remedy Can End A Tenancy
For most Ontario tenancies entered into on or after April 30, 2018, landlords are required to give tenants Ontario’s standard lease. If they don’t, tenants can send a written demand for a signed standard lease.
If the landlord doesn’t send the standard lease within 21 days, you can end your tenancy with a special N9 notice.
If the landlord provides the standard lease after your demand, you can still use an N9 within 30 days of receiving it.
An N9 notice in this situation must give at least 60 days’ notice, and the tenancy must end on the last day of a rental period. However, the date of termination could be before the end of your term.
Other Routes That Can End A Tenancy Early
Fill out Form N15 if you want to end the lease because you or a child you live with is being subjected to, or is at risk of, sexual or domestic violence. You can end the lease with a minimum of 28 days’ notice. You must submit Form N15 with a qualifying court order or the required tenant statement. Landlords must keep Form N15 notices and supporting documents confidential, subject to the law.
You can apply to the LTB to end the lease if your landlord has broken the law or important rules. Examples include entering your rental without legal right, cutting off services, harassing you, or ignoring important repairs. Your lease doesn’t automatically end when your landlord breaks the law or rules. The LTB decides whether to end the tenancy.
Read More: Review Ontario Tenant Rights During Renovations
What Could You Owe If You Simply Move Out?
If you leave without a valid agreement or notice, the LTB guide says you may owe rent until the earlier of the date the unit is rented to someone else and the earliest date a proper notice could have ended your tenancy. Section 16 of the Residential Tenancies Act requires the person claiming money after a breach to take reasonable steps to minimize the loss.
Ontario permits a rent deposit, usually called last month’s rent. It must be applied to the last rent period. It is not a damage or security deposit and should not be described as money the landlord can automatically forfeit for damage or early termination.
Keep the lease, notices, proof of delivery, assignment request, prospective assignee information, payment records and move-out photos. Confirm in writing how the deposit and final rent will be applied.
Read More: See When a Landlord Can Evict a Tenant in Ontario