Breaking a Lease in Ontario: Your Options and Rights

Subletting means you temporarily hand your unit to another person (the subtenant) for a defined period, then return and resume the tenancy. You remain the tenant of record and remain responsible for rent and any damage the subtenant causes.

• Landlord must consent, but cannot arbitrarily or unreasonably refuse (RTA s. 97(4)).
• If the landlord refuses without a valid reason, you can apply to the LTB for an order permitting the sublet.
• You stay on the hook — if the subtenant doesn't pay, the landlord looks to you.
• Best for work secondments, travel, or medical absences where you plan to return.

Assignment transfers all of your rights and responsibilities under the lease to a new tenant permanently. Once accepted, you are generally released from all future obligations.

• Landlord must consent, but cannot arbitrarily refuse (RTA s. 95(3)).
• If landlord refuses without a valid reason, you may terminate the tenancy with 30 days written notice (RTA s. 95(5)).
• Your application to the LTB must be made within 30 days of the landlord's refusal.
• The new tenant takes on your existing rental rate — landlord cannot reset rent on assignment.
• Best option when you are permanently leaving before the fixed term expires.

Both you and your landlord agree in writing to end the tenancy on a specific date. Both parties sign the LTB's Form N11. No grounds are required — this is purely a negotiated exit.

• Tenant does not need any legal justification — any reason will do if landlord agrees.
• Landlord cannot pressure or coerce the tenant to sign an N11 (that would be an illegal act under the RTA).
• Once signed, it is binding — do not sign unless you are certain of your exit date.
• Fastest and least costly route when the landlord is co-operative.
• Tip: offer to help find a replacement tenant to give the landlord an incentive to agree.

In specific circumstances, the RTA allows a tenant to terminate unilaterally before the lease expires. The most significant is the domestic violence provision — but landlord breach of material obligations also qualifies.

• Domestic or sexual violence (RTA s. 47.01): 28 days notice using Form N15. Supporting documentation (police report, restraining order, or a statement from a qualifying professional) required. Privacy protections apply.
• Landlord harassment or failure to maintain the unit in a good state of repair may justify early termination after the tenant gives the landlord reasonable opportunity to remedy.
• Care homes (RTA s. 47): 10-day notice for any reason; tenant may also give notice if care services are discontinued.
• Notice periods: month-to-month tenancy — 60 days ending on the last day of a rental period; fixed-term lease served mid-term for cause — same 60-day rule applies.

The cleanest exit. At the end of a fixed-term lease, you can simply leave — no legal grounds required. Under Ontario law, the tenancy automatically converts to month-to-month if you do nothing. If you want to leave on the last day of the fixed term, give 60 days written notice before that date.

• No obligation to renew. A fixed-term lease ends on the expiry date if proper notice is given.
• Give Form N9 at least 60 days before the last day of the fixed term, ending on the last day of a rental period.
• If you forget to give notice, the tenancy becomes month-to-month — you can then end it with 60 days notice from the last day of any rental period.
• This is the only option with zero risk of financial liability to the landlord.

• •Assignment and subletting governed by RTA s. 34 — landlord consent required, cannot be unreasonably withheld.
• •Tenant can dispute refusal to the Residential Tenancy Branch (RTB).
• •Landlord has a duty to mitigate losses.
• •Domestic violence: 1-month notice with supporting documents.

• •Early termination generally requires landlord agreement or a material breach by the landlord (RTA s. 9).
• •Subletting requires landlord consent — landlord can refuse for any reason.
• •If you break a lease without cause, the landlord can claim actual losses (unpaid rent while unit is vacant, re-advertising costs).
• •Security deposit forfeiture is contested — landlord must prove actual losses, not merely forfeit the deposit.

• •Civil Code art. 1974: tenant may terminate with 3 months notice for employment relocation, illness requiring long-term care, or domestic violence.
• •Otherwise: only by landlord consent or by finding an acceptable sublet/assignment.
• •Tenant may always sublet — landlord cannot refuse without a serious reason and must respond within 15 days.
• •Rent is regulated — assignment tenant inherits the rent amount.

Can a landlord sue me for breaking a lease early?

Yes, but only for actual, proven losses — not for the full remaining term of rent. In Ontario, the landlord must actively try to re-rent the unit (RTA s. 16, the duty to mitigate). If the unit is re-rented the month after you leave, the landlord's recoverable loss is typically one month's rent plus reasonable re-advertising costs. A landlord who fails to mitigate cannot recover rent for months the unit sat empty unnecessarily.

What is the landlord's duty to mitigate in Ontario?

Under RTA s. 16, a landlord cannot sit idle and charge you rent for the entire remaining term. They must take active steps to advertise, show the unit, and re-rent it at a comparable market rate. If they do not, any LTB or court award against you will be reduced to reflect what they could have recovered had they tried. Keep a record of your communications and any advertisements you see for comparable units.

How does domestic violence affect lease termination rights?

Under RTA s. 47.01, a tenant who has experienced domestic or sexual violence can terminate with only 28 days notice at any time — even mid-rental period — by serving Form N15. Supporting documentation is required: a police report, a restraining order, or a statement from a physician, nurse practitioner, registered social worker, or qualified shelter worker. The landlord is legally prohibited from sharing this information with others, including other tenants.

Does breaking a lease hurt my rental history?

There is no centralized 'rental history database' in Ontario — landlords rely on credit reports, references, and their own judgment. Breaking a lease without notice or leaving rent unpaid can result in a collection account on your credit report if the landlord obtains a judgment against you. The safest path is always to give formal written notice, document everything, and try to find a replacement tenant so the landlord's losses are minimal.

What happens to my security deposit if I break the lease?

Ontario does not permit damage deposits — only a last month's rent (LMR) deposit. The LMR must be applied to your final month's rent; the landlord cannot keep it as a lease-break penalty. If the landlord claims you owe additional amounts, those must be pursued through the LTB with evidence of actual loss. Any lease clause purporting to forfeit the LMR as a penalty is unenforceable.