Is There a Way to End My Tenancy Early?

Renting a condo and want to get out of your tenancy agreement early?

This may be a challenge, but it’s certainly not unheard of. For the most part, when you rent a condo in Toronto, your tenancy will only end when the time period outlined in your rental agreement has ended. In some specific circumstances, however, it is possible to end a tenancy early:

You fear sexual or domestic abuse.

If you fear that you or your child could be hurt by staying in your condo, you have the legal right to give 28 days’ notice and leave at once. It is essential to complete specific paperwork in this situation, however. You’ll need to sign a Tenant’s Statement About Sexual or Domestic Violence and Abuse and give the Tenant’s Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse (N15) form to your landlord at the time you leave.

The condo has problems that haven’t been addressed.

If your condo has problems such as repair needs, lack of heat or water, etc., you have the right to leave and apply to the Landlord and Tenant Board to get out of your tenancy early. Naturally, you must prove that these problems exist and that your landlord did nothing to amend them.

You’ve spoken to your landlord about your wishes, and they’ve agreed in writing.

Often, the best way out of a tenancy agreement is not over or around, but through. In other words, simply approach your landlord and speak to them about the possibility of ending your tenancy early. It’s conceivable they’ll agree to your request or at least give you a few months off your initial agreement. Whatever you do, make sure you get their agreement in writing. This is essential.

You’ve found a new tenant to replace you.

In many cases, your landlord will agree to let you out of your tenancy agreement if you find a replacement for yourself. It is your right to suggest this option, and it’s generally acceptable to most landlords as you’ll be doing the work of finding the new tenant.

Just remember to consult with your landlord about this prior to assuming it’s a done deal. Once your landlord agrees, you’ll then need to get the new arrangement in writing. You’ll transfer your lease to the new lessee and have all parties sign.

Also know that it’s possible your landlord will refuse this idea. But they cannot refuse a new tenant on arbitrary grounds. In other words, they can’t simply say no without having a fair and legitimate reason for refusing the new tenant.

And finally, keep in mind that your landlord may decide to charge you a fee for the transition of the lease. These fees are generally to pay for things like doing a credit check on the new tenant. Your landlord cannot, however, charge you a large, unreasonable fee for no reason.

You’ve found a subletter.

Subletting is similar to finding another tenant, but you remain the actual tenant and you sign an agreement with the subletter for them to stay in your condo for a set duration of time. You’ll need to assure that your landlord knows of this arrangement prior to making the deal.

Get Help From the Condominium Lawyers Toronto Tenants Trust

Still having trouble getting out of your tenancy early? It may not be your fault, and you may still have options. Furthermore, as a tenant, you have certain rights.

Speak to the experienced and reputable condo lawyers at HLD lawyers to learn about your legal options. You can give our condominium lawyers a call at 416-800-2557 and you’re your consultation appointment for as soon as today.