What happens if a tenant leaves early?

A landlord is not obliged to accept an early end of a fixed term, but can agree to one, or to an assignment or sublease. Without that, the landlord is entitled to rent until the agreement ends and must take reasonable steps to re-rent (section 27, with remedies in section 26). A re-rental fee applies only if the lease provides for it. The tenant can end early without financial penalty with a domestic violence certificate. The tenant's 14-day notice for a landlord breach needs a public health order, as explained above.

Unpaid rent can be taken from the deposit without inspection reports. A tenant who disagrees can apply to the RTDRS or the court.

The Residential Tenancy Branch says a landlord can apply for compensation such as the remaining rent, and the Act requires a party claiming compensation to do whatever is reasonable to minimize the loss. A tenant can end a fixed term on one month's notice, without financial penalty, when fleeing family or household violence or when assessed as needing long-term care or accepted into a facility (section 45.1, with a confirmation statement from an eligible person).

Assigning or subletting needs the landlord's written consent. When the fixed term has 6 months or more left, the landlord must not unreasonably withhold it.

A tenant who abandons a fixed term stays liable for lost future rent (section 82(1)), but the landlord must try to re-rent as soon as practicable and minimize its loss (section 55). The landlord may also claim a $75 administration fee if the tenant abandons a fixed term without notice. The tenant sheet lists grounds that allow an earlier end, including a Canadian Forces posting at least 50 km away: with at least three months' notice of the posting the member gives three rental payment periods' notice, and with less than that, one.

Assignment or subletting needs written consent that cannot be unreasonably withheld, and the landlord may charge up to $75.

A landlord claiming compensation after a tenant leaves must do whatever is reasonable to minimize the loss (section 8(2)). Lease clauses that demand all remaining rent at once are banned (section 41), as is collecting future rent in advance (section 40). A tenant can end a fixed term for the landlord's material breach, after giving a reasonable period to fix it (section 56), and in interpersonal or sexual violence cases on 28 days' notice with a certificate.

Assignment or subletting needs written consent that cannot be unreasonably withheld, and the fee for considering it is capped at $20. We found no government page that lists what a landlord may claim for a tenant who leaves early, so ask the Office of Residential Tenancies.

The Landlord and Tenant Board says a tenant who leaves a one-year term after eight months is responsible for rent until the year is over, unless the landlord finds someone else. The Board considers whether the landlord took reasonable steps to minimize its losses (sections 16 and 88(4)). A landlord can apply for money owed within one year after the tenant moved out.

A tenant can end a term early with 28 days' notice when afraid of harm from violence, or with 30 days' notice if the landlord refuses an assignment or does not reply within 7 days. Some tenancies, such as superintendents and subsidized housing, have no right to assign.

A tenant who leaves without a ground remains liable for damages, which include lost rent, and the landlord must mitigate to the extent any party to a contract must (section 11(4)). Accelerated-rent clauses are void (section 22(1)), and the landlord can claim compensation for use and occupation after the tenancy ends (section 22(2)).

Besides domestic violence routes, a tenant can ask a residential tenancies officer to end the tenancy for extreme hardship from the tenant's own health (section 24.11). A rent increase notice lets the tenant end the tenancy on one month's notice, effective the day before the increase (section 11.1(3)).

The Director's guide says tenants who leave without proper notice are responsible for the lease until the landlord can re-rent, and the landlord must try to re-rent. Statutory Condition 6 requires the landlord to mitigate. The Director's policy on compensation says losses are compensated only up to the hearing date, and a landlord without reasonable attempts to mitigate is not entitled to compensation.

Year-to-year and fixed-term tenants can end early on one month's notice with proof for health grounds (sections 10B to 10D). If a sole tenant dies, the tenancy ends on the last day of the rental period after the one in which the death occurred (section 10E).

An ordinary fixed-term notice cannot take effect before the term ends (section 55(3)(b)). The Act sets out early-end grounds, each on one month's notice ending the day before rent is due: family violence, a Human Rights Commission order, and illness-related grounds (sections 56 to 57). Where a tenant abandons the rental unit, the landlord must mitigate damages (section 46). We did not find the claimable heads itemized, so ask the Rental Office.

Assignment or subletting needs written consent that cannot be withheld arbitrarily or unreasonably, and any fee is limited to actual expenses. An unauthorized sublet can be grounds for a landlord notice.

A tenant can end a rental agreement on grounds set by statute: special circumstances on one month's notice with evidence (section 18(8)), family violence, or cause such as an uncorrected material breach, an uninhabitable unit or interference with peaceful enjoyment (sections 20, 21 and 23). Otherwise the landlord can apply to the Residential Tenancies Office, and an adjudicator can direct the tenant to pay money to the landlord.

Statutory Condition 4 requires the landlord to mitigate damages from an abandonment. Our sources do not itemize lost rent or re-renting costs, so confirm with the Office what may be claimed.