How to Break a Lease in Ontario (Legally)

HOMEH Publishing Department, Author at HOMEH

HOMEH Publishing Department

Author Oct 06, 2023 5 min read

How to Break a Lease in Ontario (Legally)
Photo: Fabian Roudra Baroi / Wikimedia Commons (CC BY-SA 4.0)

Life changes — a new job, a relationship, a growing family — and sometimes you need to leave a rental before the lease is up. The good news: Ontario gives tenants several legal ways to end a tenancy, and a landlord can't just charge you a blanket penalty for leaving. This guide explains your options, the notice you need, and how to avoid owing rent you don't have to.

Key takeaways
  • There's no automatic 'penalty fee' for breaking a lease in Ontario — that's set by the Residential Tenancies Act, not your landlord.
  • Ending a month-to-month tenancy requires 60 days' written notice on Form N9.
  • You can often leave a fixed-term lease early by assigning or subletting.
  • Your landlord must make a reasonable effort to re-rent the unit before charging you for lost rent.
  • Disputes over an early exit are decided by the Landlord and Tenant Board.

There's no flat 'lease-break fee'

First, clear up a common myth: in Ontario, a landlord cannot charge an arbitrary penalty — like 'two months' rent' — just for leaving early. Those amounts have to follow the Residential Tenancies Act, and a clause in your standard lease that tries to impose one isn't enforceable.

What you may owe is the landlord's actual, reasonable losses — and even then, only if they couldn't re-rent the unit despite genuinely trying. That's a very different thing from a fixed fine.

Don't just walk away
Abandoning a unit without notice can leave you on the hook for rent. Use one of the legal routes below so you have a clear record and limit what you could owe.

Giving proper notice

How you end a tenancy depends on your lease type:

Ending a tenancy by lease type
Your situationHow to end itNotice required
Month-to-monthGive written notice (Form N9)At least 60 days
Fixed term, at the endGive notice (Form N9) before it endsAt least 60 days
Fixed term, earlyAssign or sublet (see below)Landlord consent process

For a month-to-month tenancy, you generally give at least 60 days' written notice using Form N9, ending on the last day of a rental period. The same N9 with 60 days' notice lets you move out at the end of a fixed term.

Leaving a fixed term early: assign or sublet

If you're partway through a one-year lease and can't wait it out, your two main legal tools are assignment and subletting:

  • Assignment — you hand the lease over to a new tenant who takes your place entirely. Once assigned, your responsibility for the unit ends.
  • Subletting — someone lives in the unit for a set period and then it returns to you; you remain responsible to the landlord in the meantime.

You need the landlord's consent for either, but they can't unreasonably refuse. If they do, you can apply to the Landlord and Tenant Board, which can permit the assignment or even let you end the tenancy.

Get everything in writing
Make your request to assign or sublet in writing and keep the reply. If the landlord refuses or ignores you, that record is exactly what the LTB will want to see.

Other legal ways out

A few situations let a tenant leave on shorter timelines or by mutual agreement:

  • Agreement to end the tenancy — you and the landlord both sign Form N11 to end it on a chosen date.
  • Landlord breaks the rules — serious, unresolved problems (such as the unit being uninhabitable) may give grounds to end the tenancy through the LTB.
  • Special circumstances — certain protections exist for tenants experiencing abuse or who need long-term care; the rules allow earlier exits in those cases.

Whatever the route, the landlord still has a duty to mitigate — to make a reasonable effort to re-rent the unit. They can't simply leave it empty and bill you for the rest of the term.

Moving on for good?

If breaking your lease is part of a bigger move — like buying your first place — it's worth comparing the costs honestly. See renting vs buying a home in Canada and run the math with the rent vs buy calculator.

Buying next? Get the industry's highest Cashback Rebate
If your next home is one you own, HOMEH gives eligible buyers the industry's highest Cashback Rebate toward your down payment or closing costs. Estimate it with the cashback calculator.
Related reading

Frequently asked questions

Can I be charged a penalty for breaking a lease in Ontario?
Not an arbitrary one. A landlord can only recover actual, reasonable losses, and only if they couldn't re-rent the unit despite a genuine effort. A flat 'lease-break fee' in a lease is not enforceable.
How much notice do I need to end a month-to-month tenancy?
At least 60 days' written notice using Form N9, ending on the last day of a rental period.
Can I leave a one-year lease early?
Often yes — by assigning the lease to a new tenant or subletting. You need the landlord's consent, but they can't unreasonably refuse. If they do, you can apply to the Landlord and Tenant Board.
Does my landlord have to try to re-rent the unit?
Yes. The landlord has a duty to make a reasonable effort to re-rent before charging you for any lost rent.
Sources & further reading

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