How a Tenant Can End a Tenancy

How much notice does a tenant have to give if they want to move out?

When a tenant decides to move, they must provide a written notice of termination to the landlord. In most cases, this is a 60-day notice. The termination date must be the last day of their rental period or their lease, even if this is more than 60 days.

For example, if it is a monthly tenancy that begins on the first day of each month and the tenant gives the landlord notice on June 15th, the termination date would be August 31.

In the case of a weekly tenancy, the tenant must give the landlord at least 28 days notice before the last day of the final week of the tenancy.
 
If the tenant pays rent on a daily basis, 28 days is also required.
 
For more information, see the brochure on How a Tenant can End Their Tenancy.

Can a tenant break a lease?

Breaking a lease means that a tenant wants to leave their unit before their tenancy agreement is over.  For example, a tenant who signed a one year lease might want to leave their unit in the eighth month.
 
A tenant and landlord can agree to break a lease. It is best for both parties if this agreement is in writing and is signed by the landlord and the tenant. If the landlord is not willing to break the lease, the tenant has the right to assign the unit to a new tenant with the landlord's consent.
 
For more information see the brochure on How a Tenant can End Their Tenancy.

What is the difference between assigning and subletting a unit?

Assigning a unit means that the tenant moves out of the unit permanently and transfers their tenancy to another person.  All the terms of the original rental agreement stay the same – the amount of the rent and what services are included etc.   For more information about the rules for assigning a tenancy, see our brochure on How a Tenant Can End Their Tenancy.

Subletting a unit means that the tenant moves out of their unit for a specific period of time but the tenant plans to move back into the unit before the end of the tenancy. The person who moves in is known as a subtenant.  They are responsible to pay the rent to the original tenant who then pays it to the landlord.  A landlord cannot refuse the idea of subletting the unit, but they can refuse to allow the tenant to sublet to a specific person if they have a good reason.

How can a tenant sublet their unit? 

If a tenant has to leave their unit for an extended period of time but they want to return to it, they can ask their landlord for consent to sublet the unit.   For example, if a tenant’s job is being transferred to another city for six months and then they want to return to their unit, they might ask their landlord if they can sublet the unit. They must tell the landlord when they are leaving and when they will be returning to the unit, and they must get the landlord’s consent before subletting.

A landlord cannot refuse the idea of subletting a unit, but they can refuse a specific person if they believe the person is unsuitable.  However, if the tenant thinks that the landlord is being unreasonable in withholding their consent to sublet to someone, the tenant can file an application with the Board.
 
The application that a tenant may file is the Application About a Sublet or an Assignment (Form A2).

What happens if a tenant assigns or sublets their unit without the landlord’s consent?

If a tenant assigns or sublets their unit without their landlord’s consent, it is an unauthorized assignment or sublet.  A landlord can file an application with the Board to evict both the tenant and the unauthorized occupant.  However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.

The application that a landlord may file is the Application About a Sublet or an Assignment (Form A2).