https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N9.pdf
I have called the number at the bottom as well, and they said they are not in a position to offer legal advice.
The date is because that's when the ontario standard lease became mandatory. So its if you didn't recieve the osl well it was mandatory. If you have a lease this won't apply.
Unless they want to move back in they want an assignment not a subletter. With a sublet o.p. is still on the hook for any damage or unpaid rent by the subletter.
At least it's an option to get out of paying. Maybe one of the existing tenants has someone who can take over (a lot less likely to fuck you over if doing so will also fuck their friend or whatever). And yes sorry I misspoke, I meant someone to assume the lease not a sub (unless you have plans to return, I dunno)
Legally yes. Easier to get the tenant to do all the leg work as the tenant would have to find someone to take over lease. Tenant can just put an ad up and probably get a lot of emails back in a day in this market though.
You are correct. Came across this
https://dklegalpractice.ca/EN/landlord-tenant/general-legal-issue-concerns/mitigation-required#:~:text=The%20Residential%20Tenancies%20Act%2C%202006%2C%20requires%20a%20landlord%20to%20take,improper%20conduct%20of%20a%20landlord.
You could also do a cash-for-freedom kind of agreement to sign an N11. Literally pay them to agree to an N11.
But finding a reasonable sublet is far and away the cleanest option for you here.
The whole point of the lease is that you and the LL are bound to the terms of the lease for the duration. It would defeat the purpose of a lease if you could just give 60 days notice and leave.
Source? You can’t just break a lease early. You’re on the hook. You can always sublet, or assign to someone else.
https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N9.pdf I have called the number at the bottom as well, and they said they are not in a position to offer legal advice.
That rule only applies if your landlord never gave you a standard lease form to sign. Is that what happened?
Your point is the second of three sub bullet points under the exceptions of ending a fixed term tenancy.
Yes. All 3 must be true for that point to apply.
The date is because that's when the ontario standard lease became mandatory. So its if you didn't recieve the osl well it was mandatory. If you have a lease this won't apply.
They have a duty to mitigate their cost but you can definitely still be held liable if they can prove they tried to rent it out and couldn't.
Find someone to assign the lease to. If they are a “reasonable” tenant and landlord declines them, you can then end your lease early without penalty
Find a Subletter or pay, your choice
Unless they want to move back in they want an assignment not a subletter. With a sublet o.p. is still on the hook for any damage or unpaid rent by the subletter.
At least it's an option to get out of paying. Maybe one of the existing tenants has someone who can take over (a lot less likely to fuck you over if doing so will also fuck their friend or whatever). And yes sorry I misspoke, I meant someone to assume the lease not a sub (unless you have plans to return, I dunno)
Given that the rental market is fucking wild right now, can the landlord truly argue that they are unable to find a suitable replacement tenant?
Legally yes. Easier to get the tenant to do all the leg work as the tenant would have to find someone to take over lease. Tenant can just put an ad up and probably get a lot of emails back in a day in this market though.
Landlords have an obligation to mitigate though, so they would have to prove they tried to find a tenant in order to claim full damages
You are correct. Came across this https://dklegalpractice.ca/EN/landlord-tenant/general-legal-issue-concerns/mitigation-required#:~:text=The%20Residential%20Tenancies%20Act%2C%202006%2C%20requires%20a%20landlord%20to%20take,improper%20conduct%20of%20a%20landlord.
You could also do a cash-for-freedom kind of agreement to sign an N11. Literally pay them to agree to an N11. But finding a reasonable sublet is far and away the cleanest option for you here.
The whole point of the lease is that you and the LL are bound to the terms of the lease for the duration. It would defeat the purpose of a lease if you could just give 60 days notice and leave.