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Ending an Existing Lease

What happens when a fixed term runs out, how much notice you owe, the routes out of a lease early, and when to start looking.

10 min read · Guide + calculator
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Giving notice is simple, and almost everyone gets one part of it wrong: the termination date has to be the last day of a rental period, not sixty days from whenever you happen to hand in the letter.

The rules

01

Month-to-month: at least 60 days' notice, and the termination date must be the last day of a rental period. Your rental period is anchored to the day your tenancy began. If your lease started on the 15th, periods run the 15th to the 14th and your notice has to terminate on the 14th, not month-end.

02

Fixed term: at least 60 days' notice, and the termination date must be the last day of the term. You generally cannot end a fixed term early without the landlord's agreement.

03

Weekly or daily tenancy: at least 28 days' notice, ending on the last day of a rental period.

04

Use Form N9: the Landlord and Tenant Board's Tenant's Notice to End the Tenancy. A text message is not notice.

Download the N9 Form →

What happens when a fixed term runs out

This is the part that can trip up many tenants, and being wrong about it costs people money and homes every year.

When a one-year lease reaches its end date, the tenancy does not end. It converts automatically, month to month, on exactly the same terms and at the same rent, unless you and the landlord both sign something new, or the landlord has given proper notice of a rent increase. You do not have to move. You do not have to sign a renewal. Nobody needs to do anything at all.

Should you sign another fixed term?

Once you are month to month you can leave on sixty days' notice at any point. Signing a new one-year term gives that up. It is sometimes worth giving up and often is not.

Staying month to month

Maximum flexibility. Sixty days' notice and you are free, whenever you want. Rent increases still capped by the guideline. This is the default and, for most tenants, the better position.

Signing a new fixed term

You are committed for the whole term. Worth it if you want certainty and the landlord is offering something for it: a rent freeze, a reduction, work done to the unit. Worth much less if you are being asked to sign simply because it is that time of year.

You can just say no

"Thanks, I would rather stay month to month" is a complete answer and an entirely lawful one. If the reply is a threat to end your tenancy, that is worth a conversation with me or with a legal clinic, because the threat has no legal basis behind it.

Getting out before a fixed term ends

You cannot simply give sixty days' notice partway through a fixed term. There are three real routes out, and they are not the same thing.

01

An assignment. Somebody takes over your tenancy permanently. They become the tenant, you walk away, and your obligations end on the day it takes effect. This is the clean exit and the one most tenants have never heard of.

02

A sublet. Somebody occupies the unit for a defined period and you come back afterwards. You remain the tenant throughout, which means you remain liable for the rent and for their conduct. If they stop paying, the landlord looks to you.

03

A mutual agreement to end it, on Form N11, signed by both sides. No ground required, no notice period, no compensation. Frequently the simplest answer where the landlord has somebody waiting or wants the unit back anyway.

What a penalty clause is worth

Leases often set a fixed charge for leaving early, two months' rent or similar. What a landlord is actually entitled to is their real loss, and they have to take reasonable steps to reduce it by re-renting. If they fill the unit in three weeks, the loss is roughly three weeks, whatever the schedule says.

When to start looking

The single most common mistake, in both directions.

If you have given notice

Start now. You have a hard date and no way to extend it. Begin viewing six to eight weeks out, and understand that most landlords will not hold a unit more than about a month, so the sweet spot for actually applying is around four to six weeks before you need to move.

If you have not given notice yet

Look first, give notice second. Because you must give sixty days ending on a period end, notice given today typically means moving in just over two months. Find the place, agree the lease, then serve your N9 counting backwards from a date you can actually meet.

The catch is that an owner sitting on an empty unit is unlikely to hold it two months for you. They would be carrying it vacant the whole time, and somebody who can move in next month will get it.

Two ways round the two-month problem

Look at places that are currently tenanted. A unit with a tenant still in it has a possession date set by their notice rather than by the owner's patience, and those dates are often six to eight weeks out, which is exactly where you are. These listings get far less competition from renters who need somewhere next week.

Ask your current landlord. It is worth finding out whether they would let you go earlier than the full sixty days, on an N11, particularly if they have somebody waiting or would welcome the chance to re-let at market. The worst answer is no, and a great many landlords say yes.

The expensive version of getting this wrong

Serving notice because a lease is "ending", then discovering the good units are gone and taking something worse at a higher rent. Nothing was forcing you out. Your tenancy would have rolled on month to month indefinitely, and you could have moved whenever the right place appeared. Never give notice until you know where you are going.

When do I need to give notice?

I built a simple tool to help with this. Fill in the three fields below and you'll have your answer.

If a one-year term has already run its course, the tenancy is month to month now and this works that out for you.
Add the date your lease started. Everything here is worked out from it, because your rental period is anchored to that day rather than to the end of the month.
The day you take possession, not the day you want to be out. Your tenancy needs to end the day before.
Call or text (647) 448-4857

Notice periods are one of the easiest things to get wrong by a couple of days, and it costs a full month's rent. Happy to check yours.

How to deliver it

Hand it to the landlord in person, leave it in their mailbox, or send it by registered mail or courier. Keep proof. If you mail it, the Board treats mailed documents as delivered five days later, so build that into your timing rather than posting it on the deadline itself.

Check the maths against the Board

The calculator implements the rules as I've described them, but a notice period is a legal deadline and worth confirming. The Landlord and Tenant Board publishes Form N9 with its own instructions. Use those as the final word.

Not sure where to start? Fifteen minutes on the phone will tell you.

Call or text (647) 448-4857

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