Can I break my lease for medical reasons?

We found no Alberta rule that ends a tenancy early because of the tenant's health, a move to long-term care or military service. The landlord is not obliged to accept early termination. The statutory exits we found are for domestic violence (a certificate and at least 28 days' notice) and, in limited cases, a landlord's breach, which are not health-related.

A month-to-month tenant gives one tenancy month's notice. A fixed-term tenant can ask the landlord to agree, or assign or sublet with written consent (the landlord may not refuse without reasonable grounds). The Alberta Human Rights Commission's rental guidance says a landlord must accommodate a tenant's disability to the point of undue hardship.

A tenant who has been assessed as needing long-term care (s.45.1) can end the tenancy on one month's notice with a confirmation statement from an eligible person, with no financial penalty. The same section covers family or household violence. We found no BC rule that lets a tenant end a tenancy early because of an illness or disability alone.

Other routes are a mutual agreement to end the tenancy (the RTB-8 form) and an assignment or sublet, where consent cannot be unreasonably withheld if the fixed term has 6 months or more remaining (s.34). A month-to-month tenant gives one month's notice before the rent due day.

Manitoba has several health-related exits. A tenant can end the tenancy on one full rental payment period's notice to move into a personal care home, if they are unable to live independently for health reasons (a doctor's certificate), or if the unit becomes inaccessible after a long-term health change. Section 92 also covers a tenant whose income is reduced by a deterioration in health. If the tenant needs to leave because of domestic or sexual violence or stalking, a Victim Services certificate and one period's notice apply.

The Act's wording is general: it speaks of health and independence, not of a particular kind of illness. We did not find a statement that mental health is or is not covered, so ask the Residential Tenancies Branch. A tenant who does not fit these grounds in a fixed term is responsible for the rent until the end of the term, unless the landlord agrees or the tenant assigns or sublets.

We found no Saskatchewan rule that ends a tenancy early for the tenant's health or a move to long-term care. The early exits we found are interpersonal or sexual violence (s.64.2, a certificate and at least 28 days' notice) and a landlord's material breach (s.56).

A tenant can ask the landlord to agree in writing, or assign or sublet (consent not unreasonably withheld; the landlord may charge up to $20). If the tenant leaves without a valid end to the tenancy, the landlord must take reasonable steps to minimize its loss (s.8(2)). The Saskatchewan Human Rights Commission says landlords must accommodate to the point of undue hardship.

We found no Ontario rule that ends a tenancy early for health or a move to care. The early exits we found are fear of sexual or domestic violence (N15, 28 days) and a landlord's refusal of an assignment (N9). A fixed-term tenant who gives ordinary notice needs 60 days ending no earlier than the end of the term. A month-to-month tenant gives 60 days (28 days for a weekly tenancy).

An early end is possible by agreement with the landlord (N11). The Ontario Human Rights Commission says decision-makers must consider whether a tenant's Code-related needs can be accommodated before ordering an eviction, and the landlord bears the burden of proving undue hardship.

A tenant facing extreme hardship because of their own health can apply to a residential tenancies officer (s.24.11). The Act sets this route through the officer rather than a tenant notice. The Act also has an early exit for violence or criminal harassment (s.24.01). We found no tenant notice right for a move to long-term care.

A month-to-month tenant gives notice at least one month before the end of a month. A tenant who leaves a fixed term early can face damages and lost rent, subject to the landlord's duty to mitigate. For an assignment where the lease requires consent, Form 7 is used and the landlord may charge up to $20 for reasonable expenses. For a sublet, ask the Tenant and Landlord Relations Office what applies.

Nova Scotia has three health-related exits for a year-to-year or fixed-term tenancy, each on one month's notice. Section 10B covers income reduced by a significant decline in health, with a medical certificate. Section 10C covers a health deterioration or an inaccessible unit, with a medical certificate. Section 10D covers permanent admission to a nursing home or a home for special care, with proof. The tenant also has a domestic-violence exit (s.10F, with a certificate from the Director of Victim Services, given within 60 days of it).

Ask the Residential Tenancies Program which section fits your situation. If the tenant leaves without proper notice, they stay responsible until the unit is re-rented, and the landlord must try to re-rent.

An ordinary notice cannot end a fixed term early in Prince Edward Island (s.55(3)(b)), but s.57 lets a tenant end it on one month's notice ending the day before rent is due on these grounds: income reduced by ill health (with a medical certificate); a person who helped pay the rent being no longer able to because of ill health; having to live with an ill family member; permanent admission to a care facility; and the death of the tenant. Family violence (s.56) and a Human Rights Commission order (s.56.1) are separate grounds.

We found no statement on mental health as a ground, so ask the Rental Office. A month-to-month tenant gives one month's notice (7 days for a weekly tenancy). The landlord must mitigate if the tenant leaves without a valid end to the tenancy (s.46).

Section 18(8) lets a tenant give one month's notice, with evidence, in special circumstances: income reduced by ill health; a person who helps pay the rent being unable to because of ill health; being required to live with an ill family member; permanent admission to a home providing personal care for the aged; and the death of the tenant. A tenant who is a victim of family violence has a separate exit (ss.25 to 27: 30 days' notice after the Director issues a certificate, with the notice given within 90 days of the certificate).

We found no statement on mental health as a ground, so ask the Residential Tenancies Office. A month-to-month tenant gives one month's notice. The landlord must mitigate if a tenant abandons the unit. The Human Rights Commission says a landlord must remove barriers for a tenant with a disability unless that causes undue hardship.