How to get out of a lease agreement

A landlord does not have to accept a tenant's early exit from a fixed-term lease, but can agree to one, or to an assignment or sublet. A tenant affected by domestic violence can apply for a certificate to end the tenancy early without financial penalty. If the landlord commits a substantial breach, the tenant can apply to the RTDRS or the court to end the tenancy. The tenant can end it on at least 14 days' written notice only where a public health order has been issued about the breach and the tenant reasonably believes the landlord has not complied with it. Assigning or subletting needs the landlord's written consent; the landlord needs reasonable grounds to refuse, must give the reasons in writing within 14 days, and cannot charge a fee for consenting.

A month-to-month tenant gives one full tenancy month's written notice: to leave on September 30, serve it by September 1. A fixed-term lease ends on its end date with no notice. A tenant who leaves early can owe rent until the lease ends, but the landlord must take reasonable steps to re-rent the unit.

A fixed term can end early by mutual written agreement (form RTB-8 is the usual way), or on one month's notice with no penalty when a tenant is fleeing family or household violence or has been assessed as needing, or accepted into, long-term care. A tenant can also end it after the landlord breaches a material term, with proper notice. Assigning or subletting needs the landlord's written consent.

A month-to-month tenant gives written notice that the landlord receives at least one full rental month ahead, before the day rent is due. A tenant who leaves early with no legal ground can face a claim for the rent they would have paid; the government's own example is a tenant who leaves two months into a one-year lease and is asked for 10 months' rent.

A tenant can end a fixed-term lease early in set cases: one rental payment period's notice for moving into a personal care home, being unable to live independently for health reasons (with a doctor's certificate), a unit that has become inaccessible because of a long-term health change, or domestic or sexual violence or stalking (with a certificate from Victim Services); two periods after an above-guideline rent increase or a rehabilitation scheme application; and for a Canadian Forces posting at least 50 km away, three periods, or one if the member had less than three months' notice of the posting. Assigning or subletting needs written consent, which the landlord cannot unreasonably refuse, and the landlord can charge up to $75.

A month-to-month tenant gives one full rental payment period's notice. A fixed-term tenant who leaves without a ground is responsible for the rent until the end of the term, subject to the landlord's duty to keep the loss down and re-rent as soon as practicable.

A tenant experiencing interpersonal or sexual violence can end a fixed term with 28 days' notice and a certificate signed by an authorized person, with no penalty. A tenant can also end the tenancy after giving the landlord a reasonable chance to fix a breach of a material term. Assigning or subletting needs the landlord's written consent, which the landlord cannot unreasonably refuse; the landlord can charge up to $20 to consider the request.

A month-to-month tenant gives one month's notice (one week for a weekly tenancy), ending the day before rent is due. A fixed term does not simply roll over: at least two months before it ends, the landlord must serve a Notice of Intention, and a tenant who does not answer within one month is treated as having declined.

Ways out of a fixed term: an agreement with the landlord (form N11); 28 days' notice on an N15 if the tenant fears sexual or domestic violence; asking to assign the lease, and giving notice to end it if the landlord refuses or does not answer within 7 days; or, if the landlord never provided the standard lease after a written request, 60 days' notice. A tenant can also apply to the Landlord and Tenant Board if the landlord breaches their obligations.

A month-to-month tenant gives at least 60 days' notice on an N9 (28 days for daily or weekly tenancies), ending on the last day of a rental period. A tenant who simply leaves owes rent to the end of the term unless the landlord re-rents the unit sooner.

A tenant who believes their safety, or a dependent child's, is at risk because of domestic violence, intimate partner violence, sexual violence or criminal harassment can end the tenancy by serving a notice and the prescribed document at least one month before the end of a month, effective the last day of that month, with no liability for later rent. A tenant whose health has deteriorated so that staying would cause extreme hardship can ask a residential tenancies officer to end the tenancy. A tenant who receives a rent increase notice can end the tenancy on one month's notice (one week for a weekly tenancy), effective the day before the increase.

A lease can be assigned unless it forbids it or requires consent. Where consent is required, the tenant asks on Form 7; the landlord cannot arbitrarily or unreasonably refuse and can charge at most $20, but can choose instead to end the lease within 7 days. A monthly tenant gives one month's notice before the end of a month (one week for weekly, three months for yearly tenancies). A tenant who leaves early can owe damages, including lost rent, but the landlord must try to limit the loss.

A tenant with a fixed-term or year-to-year lease can end it on one month's notice in set cases: income has dropped because of a significant decline in health, health has deteriorated or the unit is no longer accessible (each with a medical certificate), a permanent move into a nursing home or home for special care, or domestic violence (with a certificate from Victim Services, giving notice within 60 days of it). If a tenant in a fixed-term or year-to-year tenancy dies and no other tenant lives in the unit, the tenancy ends on the last day of the rental period after the one in which the tenant died. The Act has no separate rule for a month-to-month or week-to-week tenant. After a landlord's DR2 notice, or a demolition or renovation agreement or order, the tenant can leave on at least 10 days' notice.

Assigning or subletting needs the landlord's consent, which cannot be arbitrarily or unreasonably refused, and the landlord cannot charge for it unless they actually had an expense. A monthly tenant gives notice on Form C at least one month before the end of a month (three months for yearly, one week for weekly). A tenant who leaves without proper notice is still responsible for the lease until the landlord re-rents the unit, and the landlord must try to re-rent it.

A tenant can end a tenancy early on one month's notice, ending the day before rent is due, in set cases: family violence or abuse, a Human Rights Commission order finding the landlord discriminated, income reduced by ill health (with a medical certificate), a person who helped pay the rent can no longer do so because of ill health, the tenant must live with an ill family member, a permanent move into long-term care, or the tenant's death. After a landlord's no-fault notice, the tenant can leave earlier on 10 days' written notice. A tenant who gets a rent increase notice can treat it as ending the tenancy by telling the landlord in writing at least one month before the increase takes effect.

Assigning or subletting needs written consent, which the landlord cannot arbitrarily or unreasonably refuse, and the landlord can charge only actual expenses. A month-to-month tenant gives one month's notice (seven days for weekly). An ordinary notice cannot end a fixed term early. A tenant who abandons the unit can owe the landlord, but the landlord must try to limit the loss.

A tenant can end a lease on one month's notice, with evidence, in special circumstances: income reduced by ill health, a person who helped pay the rent can no longer do so because of ill health, the tenant must live with an ill family member, a permanent move into a personal care home, or the tenant's death. A tenant who believes their safety, or a child's, is at risk because of family violence can end the tenancy on 30 days' notice after getting a certificate from the Director, giving notice within 90 days of it. A tenant can also give one month's notice if the landlord does not fix a material breach, and can leave right away if the unit becomes uninhabitable.

Assigning or subletting needs written consent, which the landlord cannot arbitrarily or unreasonably refuse, and the landlord can charge only expenses actually incurred. A monthly tenant gives one month's notice before the end of a rental period, and a fixed-term tenant gives two months' notice before the term ends. A tenant who abandons the unit can owe the landlord, but the landlord must try to limit the loss.