Skip to content | Skip to institutional links |

Français

Main
Menu

Contact
Us

Help

Office of
Consumer Affairs

	Submit Your Consumer Challenge
	View Challenge of the Week
	View Top Ten Challenges
	View Complete Collection

Institutional links

Content Start

Breaking a Lease

An apartment lease, unless specified otherwise, is usually for a minimum, renewable duration of one year. However, there may be many reasons why you would need to move from your apartment before the end of the lease: job relocation, health reasons, family emergencies and many more. Is it possible to simply give notice and move out of the apartment? Is there a minimum amount of time within which to give notice? Will it be possible to sublet?

What are your obligations in such a situation?

Tenancy and rental agreement fall under provincial jurisdiction, therefore, the rules and regulations when it comes to terminating or ending a lease may vary depending on where you live.

Giving Notice
In some provinces and territories, you are required to give your landlord a notice within a minimum amount of time before you vacate the premises. These notice periods are specified in every province or territory's Residential Tenancies Act. You can find out what these periods of time are by contacting your local Rental Authority. The Canada Mortgage and Housing Corporation provides Provincial and Territorial Rental Factsheets stating theses minimum notice periods.

In some other provinces and territories however, there is no such minimum, and you are legally required to honour your commitment until the end of the lease. Lease termination is only allowed for specific reasons such as health and safety concerns and unliveable conditions. Some provinces allow the option of subletting your apartment for the remainder of the lease term.

Subletting
In the event that it is impossible for you to end your lease before the date specified in your contract, you may be able to sublet your apartment to a third party. Your landlord must in all times agree to this arrangement. Be advised that you may remain responsible for ensuring that rent is payed on time, and you may also be held responsible for any damages which may be caused by the sublettor.

In all circumstances, it may be possible for you to come to an agreement with your landlord. Be sure to contact your landlord and discuss the situation with them.