Ending a Rental Agreement
When you decide to end your lease or rental agreement, you must give proper notice to your landlord. Depending on your situation, this could be one week, 30 days, or 60 days. It is important that you use the correct form to give notice: Form 3 – Notice of Termination by Lessee of Rental Agreement.
You may need to continue paying rent if you notify your landlord in a different way. This is true until you provide your landlord with the correct notice or until your landlord finds a new tenant to move in.
Fixed-Term Rental Agreement
A fixed term rental agreement has a clear start date and end date. An example of this type of agreement is a one-year lease, which allows you to live in a rental unit for 12 months. If you have a fixed term agreement, you generally cannot leave the rental agreement before the end date.
If the lease isn’t terminated or renewed after the year has passed, it converts to a month-to- month agreement with the same rules and conditions as the original rental agreement. Your landlord must communicate clearly to you at the beginning of your fixed term agreement if they want you to move out on the end date. Otherwise, you cannot be evicted simply because your fixed term agreement has ended. Your landlord must have a valid reason, under the Act, for evicting you.
See Evictions for more information.
Leaving at the End of a Fixed-Term Agreement
You must give your landlord at least 60 days’ notice in writing before the end of your fixed term agreement if you plan on leaving at the end of the agreement. It is important that you use the correct form to give notice: Form 3 – Notice of Termination by Lessee of Rental Agreement.
Ending a fixed term agreement early
Generally, you cannot end your fixed term agreement before the end date. You may have to find a subletter to take over your rental agreement if you need to leave early. Even if you must move out for personal reasons, the landlord can expect payment for the full period if they do not find another tenant during that time. If your landlord rents the unit to a new tenant, they are not allowed to also charge you rent for the same time period.
Speak with your landlord as soon as you know you will be leaving early and develop a plan together to sublet your unit. Your landlord has the right to interview potential subletters, or to take over the process of finding a subletter. Your landlord cannot unreasonably withhold their consent to allow you to sublet.
If you break a fixed term rental agreement early and do not find a subletter, you may be responsible for paying rent for the rest of the fixed term agreement. Your landlord also has an obligation to find a new tenant as soon as possible.
You may be able to end your rental agreement early if your landlord is refusing to fix a significant issue that makes it difficult for you to live in the rental unit. You must apply to the Director of Residential Rental Property to end a fixed term agreement early. Applications to the Director are only granted under extraordinary circumstances. You must apply using the correct form: Form 2 – Application for Enforcement of Statutory or Other Conditions of Rental Agreement.
A month-to-month agreement is a rental agreement with no fixed end date. If you have a month-to-month agreement, notice must be given on or before the day that your rent is due. This will end your rental agreement on the day before your next rent would be due. For example, if your rent is due on the first of the month, and you will be moving out on April 30th, you should give your landlord notice on April 1st or earlier.
If you have a week-to-week rental agreement, you must give one week’s notice.
You must give notice to your landlord using the appropriate form: Form 3 – Notice of Termination by Lessee of Rental Agreement.
Forms you may need: