How to break a lease in Ontario: options for tenants and landlords
Breaking a lease in Ontario is only allowed in specific situations under the Residential Tenancies Act, including mutual agreement, assignment, subletting, or qualifying exceptions.This guide covers Ontario tenancy law only. For other provinces, see our [rental laws guides].
Breaking a lease in Ontario means ending a fixed-term tenancy before the agreed end date. The Residential Tenancies Act, 2006 sets out the circumstances in which this is permitted and what process must be followed. Leaving without following the correct steps can leave a tenant liable for unpaid rent.
Mutual Agreement
The simplest option is a written agreement between the landlord and tenant to end the tenancy early. Both parties agree on a move-out date and confirm the arrangement in writing. This avoids the need for formal notices or applications.
Assigning the Lease
A tenant can find a new tenant to take over their lease through a process called assignment. The landlord must respond within seven days of receiving the request and cannot unreasonably refuse. If the landlord refuses without valid reason, the tenant can apply to the Landlord and Tenant Board (LTB) for authorization to assign or to end the tenancy with 30 days' notice.
Subletting
A tenant can sublet the unit to someone else while remaining responsible for the lease. This works for short-term absences but does not fully release the original tenant from their obligations.
Ending a Periodic Tenancy
For month-to-month tenancies, tenants must give at least 60 days' written notice before the last day of a rental period. For weekly tenancies, 28 days' notice is required.
Special Circumstances
Tenants may also have grounds to end a fixed-term lease early if the unit becomes uninhabitable or if the landlord has seriously breached their obligations. In these cases, contact the LTB for guidance on the appropriate process.
What Happens if a Tenant Leaves Without Following the Process?
A tenant who abandons a fixed-term lease without using a legal mechanism may owe rent for the remainder of the term. However, the landlord has a duty to mitigate by making reasonable efforts to re-rent the unit. If they re-rent quickly, the former tenant's liability is reduced accordingly.
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