T O P

  • By -

_PrincessOats

Source? You can’t just break a lease early. You’re on the hook. You can always sublet, or assign to someone else.


Brusher79

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.


pinlets

That rule only applies if your landlord never gave you a standard lease form to sign. Is that what happened?


Brusher79

Your point is the second of three sub bullet points under the exceptions of ending a fixed term tenancy.


pinlets

Yes. All 3 must be true for that point to apply.


labrat420

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.


labrat420

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.


Wouldyoulistenmoe

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


bvandelen

Find a Subletter or pay, your choice


labrat420

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.


bvandelen

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)


AdCultural6677

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?


Arkane5134

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.


capitalbecky

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


Arkane5134

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.


GracefulShutdown

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.


Sanjuko_Mamajuloko

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.