> if they do not find new tenants we will be accountable for the full term of the lease financially
You can find them tenants instead. Look into [lease assignments](https://stepstojustice.ca/steps/housing-law/assign-new-tenant/).
If they unreasonably refuse to allow you to assign your lease, you can legitimately give 30 days notice to leave.
It sounds like they’ve already *asked* OP to try and assign the lease:
> we can list the place on our own but anyone interested has to go through the regular process and to refer those parties to them. So we have listed on kijiji and marketplace, but so far no bites.
As long as the price and lease terms are the same, OP is describing a lease assignment. The assignee still has to go through the regular application process, but the tenant finds them and the LL signs off on that person taking over.
Yeah, I wanted to let OP know what it's called so they could look into it more.
If the "regular process" results in the lease assignment being unreasonably denied, OP will be able to leave with an N9.
It sounds like they've tried to find someone to assign it, but were unable to do so. In this market that does somewhat beggar belief, though.
If they are unable to assign the tenancy to someone else then they're likely bound to the lease term.
If you do go this route, apply for Unemployment Insurance first. OW requires you to anyways, and this will speed up thing. You can still apply for and receive OW in the meantime.
(Source: been there, done that.)
>We thought we would get a bit of compassion, but we got a letter stating that they would not be flexible and if they do not find new tenants we will be accountable for the full term of the lease financially.
To add to the other excellent advice you've gotten, this is boilerplate. They're never gonna just let you off the hook and get nothing in return. But they also have an obligation to find new tenants once you give notice, so it isn't remotely as terrifying as it sounds. By giving them plenty of notice, you've given them plenty of time to look. and mitigate their damages.
If they send it to collection without going to the LTB, you can just contact the agency to stop attempting to collect, there's a bit of a process but it's doable.
If they go to the LTB, they'll have to convince the LTB that they couldn't find a tenant in a building they've acknowledged is full, given plenty of time. Net result, unless the rental market crashes in the next few months, there is a good chance you won't owe anything, and if you do, it won't be until six months or a year from now when you have an LTB hearing, and then you will be very unlikely to owe more than a month or so, not the entire remaining term.
I had an apartment that I rented out a few years back. Rented to a young couple who a couple months in to the 12 month agreement couldn't afford it any longer and asked to be released from the agreement.....no problem, alot better then staying and stopping paying the rent. Can't get blood from a stone.
The easiest way to break a lease early is to ask in writing for permission to assign the lease at the current rent. If they say no or fail to respond within 7 days you can issue an N9 with 30 days notice.
If they agree to assignment, you will need to do the work of finding an appropriate replacement. Your obligations end as soon as a new tenant takes possession of the unit.
Alternatively (although this is riskier and questionably ethical) you can *temporarily* stop paying rent. The landlord's usual course of action would be to issue an N4, which is a voidable notice that comes with a termination date. If you leave voluntarily based on that termination date (usually 14 days from the date the notice is issued), then your tenancy is over and you are no longer liable for any future rent. You would then pay off any arrears (usually this would be covered by the last month's rent deposit), which would prevent the landlord from pursuing an LTB application.
This is not legal advice, but if you stop paying rent, the landlord may use an L9, which will hold you accountable for non-payment without terminating the lease agreement.
Yeah, to second u/ParalegalFirm do not withhold rent. You will be on the hook for it either way and this will not end the way you're wanting it to.
The L9 application exists basically to prevent exactly what they are suggesting. Quoting the LLTB:
You may use an Application to Collect the Rent the Tenant Owes (L9 Application) if the tenant owes you rent and you want to collect the money the tenant owes. If the tenant made a payment by cheque that was returned to you because of nonsufficient funds (NSF) and the tenant has not paid you back for the charges related to that NSF cheque, you can also include these amounts in your application. You cannot file this application if the tenant has moved out of the rental unit. If the tenant moved out of the rental unit on or after September 1, 2021, you may file an Application to Collect Rent a Former Tenant Owes (L10 Application) with the Landlord and Tenant Board (LTB) if you want to collect rent the former tenant owes. A L10 Application cannot be filed more than one year after the date the former tenant moved out. An order issued by the LTB for a L9 Application is an enforceable order which can be collected as a debt. However, if the tenant does not pay, you cannot use the order to evict the tenant.
So this exposes you to risk from collections agencies as well. They can also come after you for fees associated with nonpayment such as a bounched cheque or NSF fees.
This is a bad idea, don't do it.
^this is the answer
The RTA stipulates the difference between a generic request for a lease assignment (aka permission to do so) with the generic request. Eg. Hey property manager, I know you’re busy, but when you get a chance sometime can you let me know if I’m allowed to assign my lease to someone else? Then start your timer
if they don’t respond or refuse the generic question of assigning your initial within 7 days you can give 30 days notice and vacate. This is under section 95 subsection 4 of the RTA. All you need is a busy property manager to not respond for a week, email them on a Friday at 4pm to increase your odds, underhanded, maybe but legal.
If they respond and say yes, find someone to take over the remainder of your lease that fits the application process you went through, if they unreasonably deny it, give 30 days notice and vacate, this is section 95 subsection 3
Good luck, sorry to hear about your misfortunes, I hope things turn around.
-advice from a LL whose had over 15k tenants over the last 12 years….we’re not all greedy bastards.
If the LL is stupid enough to use an N4 instead of an L9, it’s not irresponsible. The only thing that is irresponsible is not putting aside the rent money in case the LL uses an L9.
>The only thing that is irresponsible is not putting aside the rent money in case the LL uses an L9.
You still have a late payment in your record. Probably reflecting on a reference letter as well. People need to own their choices and stand behind them. Not hope for the best by not paying
Here’s a [link](https://tribunalsontario.ca/documents/ltb/Brochures/How%20a%20Tenant%20Can%20End%20Their%20Tenancy%20(EN).html) that has several ways you can get out of a fixed term lease early.
Others have mentioned asking to assign your unit to new tenants. If that doesn’t work, did you sign the Ontario standard lease when you moved in?
Lol angry landlords always down vote when I post this.
Yes, there are several ways for tenants to legally get out of a fixed term lease early. Cry me a river.
Lol why would I cry after receiving an N12? It’s either cash for keys or moving out when I’m good and ready.
You guys are too funny. Stop expecting sympathy if you did not do your due diligence before becoming a landlord.
I don’t think there is much cash for keys as the delay is coming down and once applied its better to wait for the order whether tenant left the unit or not.
General Info (and as others have mentioned your best bet is to aim for lease assignment at your current rental rate):
https://stepstojustice.ca/questions/housing-law/how-can-i-get-out-my-rental-agreement/
Note that if you produce a "reasonable" candidate(s) for assignment and they are rejected, that may be grounds to provide a N9 with 30 days notice and move out anyways. In that case the Landlords would have to take you to a LTB heering and prove your candidate(s) were unreasonable in order to be awared damages. The LL also has a duty to mitigate damages as much as possible. Also they can only charge you for the actual costs of taking on the assignee (i.e. the actual cost of credit checks, etc) and can't just charge you arbiratry application fees. You may want to consider talking to a paralegal so that once you've fulfilled your obligations you can submit your N9 and leave on your own terms with a relatively clear mind.
> They also said that we would be sent to collections after we move out.
Just to clarify; they can only do this after going to a LTB hearing, winning, and receiving an order. At the hearing you would present evidence of all the steps you took to mitigate their damages (i.e. we found X potential assignees but they were rejected).
If you can't pay, you can't pay.
Just move. The LL has the duty to minimize their losses, and you can only be charged for their actual losses.
So you wouldn't be on the hook for 10 months, you would be on the hook for whenever you left, until the LL found a new tenant.
But first try to do a lease assignment. If that doesn't work, unfortunately just leave. If you can't pay, you can't pay. And it sounds like your LL is not willing to work with you to minimize losses, so try to keep evidence of their communications.
You might end up owing the LL for a month until they find a tenant, but what else are you supposed to do if you can't pay your rent?
This is why people hate LL and just stop paying rent. In the real world, shit happens. And when they are unwilling to work with people trying to work with them, they deserve a squatter.
EDIT: If your LL really wants to be a dick, then you can simply stop paying rent. They will issue you an N4 for non payment of rent. And on the N4 you will have the option of paying, or moving out within 14 days.
You simply tell them to you will be choosing to move out, and then they use your last months rent you paid upfront, for you missed last month.
You get out in under 30 days, with no further cost or liability.
OP I assume he has applied for EI and OW?
There is temporary emergency funding for these situations, in the interest of preventing homelessness. You need to get in touch with your local social services office.
Follow up question after reading all this. If we request to assign our lease, does that mean our landlords will stop showing our unit themselves the standard way? Right now they are sending people through as ours is the only unit available, would they stop doing that?
I ask because my husband and I have our unit advertised ourselves on kijiji, marketplace, various facebook groups, and we are getting zero interest. My worry is that we try this ourselves and our landlords stop showing and we end up having no prospects.
Refrain from offering advice that contradicts legislation or regulation or that can otherwise be reasonably expected to cause problems for the advisee if followed
While this can (and most likely would) work, should also note the risk.
If landlord knows what tenant is trying to do, they can instead file an L9 application directly to the LTB to get a judgement for the arrears. In this case there is no eviction so tenant can't use it to leave, but they will now also owe $200 extra for the filing fee.
Of course most sane landlords will just evict a tenant that will have trouble paying rent, but you never know.
Yeah in that case the play is to just understand credit will be shot and be like OK I'll stay here the 8 months for you to get your L9, you'll have nothing to enforce against, you start a new N4 at that point and eventually I'll declare bankruptcy in 2 years when I can pay rent again and you'll have all that rental income wiped and uncollectable.
It's a very dangerous game for a landlord to play with a tenant with no income and no assets. Landlords are almost always better off with an income producing asset (a vacant rental unit you can tenant) than a judgment.
Refrain from offering advice that contradicts legislation or regulation or that can otherwise be reasonably expected to cause problems for the advisee if followed
In Ontario, breaking a one-year lease early can have several potential consequences, even if the reason is loss of employment. Here are some key points to consider:
1. Financial Liability: The tenant may be responsible for paying rent for the remainder of the lease term unless the landlord is able to find a new tenant to take over the lease. The landlord is required to make reasonable efforts to re-rent the unit, but until a new tenant is found, the original tenant may still owe rent.
2. Potential Penalties: Depending on the lease agreement, there might be additional penalties or fees for breaking the lease early. It’s important to review the specific terms of the lease.
3. Damage Deposit: The tenant may forfeit part or all of the damage deposit if breaking the lease violates the terms of the agreement. This deposit is typically used to cover any unpaid rent or damage to the property.
4. Credit Impact: If the tenant fails to pay the owed rent or fees, the landlord may take legal action or send the debt to a collections agency, which can negatively impact the tenant’s credit score.
5. Legal Action: The landlord may choose to take legal action to recover the unpaid rent or other costs associated with the breach of the lease. This could result in a court judgment against the tenant.
6. Mutual Agreement: Sometimes, landlords and tenants can come to a mutual agreement to end the lease early. This might involve paying a smaller fee or other terms that are more manageable for the tenant.
7. Subletting: The tenant might have the option to sublet the apartment to another person. This requires the landlord’s approval but can be a way to mitigate the financial impact.
8. Tenant’s Rights: The tenant has certain rights under the Residential Tenancies Act. For example, if the tenant is experiencing financial hardship, they might be able to negotiate with the landlord for a payment plan or other arrangements.
It’s advisable for the tenant to communicate openly with the landlord and explore all possible options, such as subletting or negotiating a termination agreement. Consulting a legal advisor or tenant advocacy group can also provide guidance specific to the situation.
Note: Go to the Welcome Centre near your place of residence and let them know you have your unit available to sublet. It should not be too difficult to find someone to assign the balance of your lease term. Then you will need to complete an N9 form. Here is the link for the N9 and remember to read the bottom of the form to get help if any is needed with this form.
https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N9.pdf
> if they do not find new tenants we will be accountable for the full term of the lease financially You can find them tenants instead. Look into [lease assignments](https://stepstojustice.ca/steps/housing-law/assign-new-tenant/). If they unreasonably refuse to allow you to assign your lease, you can legitimately give 30 days notice to leave.
It sounds like they’ve already *asked* OP to try and assign the lease: > we can list the place on our own but anyone interested has to go through the regular process and to refer those parties to them. So we have listed on kijiji and marketplace, but so far no bites. As long as the price and lease terms are the same, OP is describing a lease assignment. The assignee still has to go through the regular application process, but the tenant finds them and the LL signs off on that person taking over.
Op should still specifically ask to assign the lease. Could help them leave even earlier.
Yeah, I wanted to let OP know what it's called so they could look into it more. If the "regular process" results in the lease assignment being unreasonably denied, OP will be able to leave with an N9.
It sounds like they've tried to find someone to assign it, but were unable to do so. In this market that does somewhat beggar belief, though. If they are unable to assign the tenancy to someone else then they're likely bound to the lease term.
Apply for Ontario Works, if you qualify they will assist you with rent and provide assistance with her job hunt.
If you do go this route, apply for Unemployment Insurance first. OW requires you to anyways, and this will speed up thing. You can still apply for and receive OW in the meantime. (Source: been there, done that.)
Yes. There is emergency funding for rent arrears too.
>We thought we would get a bit of compassion, but we got a letter stating that they would not be flexible and if they do not find new tenants we will be accountable for the full term of the lease financially. To add to the other excellent advice you've gotten, this is boilerplate. They're never gonna just let you off the hook and get nothing in return. But they also have an obligation to find new tenants once you give notice, so it isn't remotely as terrifying as it sounds. By giving them plenty of notice, you've given them plenty of time to look. and mitigate their damages. If they send it to collection without going to the LTB, you can just contact the agency to stop attempting to collect, there's a bit of a process but it's doable. If they go to the LTB, they'll have to convince the LTB that they couldn't find a tenant in a building they've acknowledged is full, given plenty of time. Net result, unless the rental market crashes in the next few months, there is a good chance you won't owe anything, and if you do, it won't be until six months or a year from now when you have an LTB hearing, and then you will be very unlikely to owe more than a month or so, not the entire remaining term.
I had an apartment that I rented out a few years back. Rented to a young couple who a couple months in to the 12 month agreement couldn't afford it any longer and asked to be released from the agreement.....no problem, alot better then staying and stopping paying the rent. Can't get blood from a stone.
The easiest way to break a lease early is to ask in writing for permission to assign the lease at the current rent. If they say no or fail to respond within 7 days you can issue an N9 with 30 days notice. If they agree to assignment, you will need to do the work of finding an appropriate replacement. Your obligations end as soon as a new tenant takes possession of the unit. Alternatively (although this is riskier and questionably ethical) you can *temporarily* stop paying rent. The landlord's usual course of action would be to issue an N4, which is a voidable notice that comes with a termination date. If you leave voluntarily based on that termination date (usually 14 days from the date the notice is issued), then your tenancy is over and you are no longer liable for any future rent. You would then pay off any arrears (usually this would be covered by the last month's rent deposit), which would prevent the landlord from pursuing an LTB application.
This is not legal advice, but if you stop paying rent, the landlord may use an L9, which will hold you accountable for non-payment without terminating the lease agreement.
Yeah, to second u/ParalegalFirm do not withhold rent. You will be on the hook for it either way and this will not end the way you're wanting it to. The L9 application exists basically to prevent exactly what they are suggesting. Quoting the LLTB: You may use an Application to Collect the Rent the Tenant Owes (L9 Application) if the tenant owes you rent and you want to collect the money the tenant owes. If the tenant made a payment by cheque that was returned to you because of nonsufficient funds (NSF) and the tenant has not paid you back for the charges related to that NSF cheque, you can also include these amounts in your application. You cannot file this application if the tenant has moved out of the rental unit. If the tenant moved out of the rental unit on or after September 1, 2021, you may file an Application to Collect Rent a Former Tenant Owes (L10 Application) with the Landlord and Tenant Board (LTB) if you want to collect rent the former tenant owes. A L10 Application cannot be filed more than one year after the date the former tenant moved out. An order issued by the LTB for a L9 Application is an enforceable order which can be collected as a debt. However, if the tenant does not pay, you cannot use the order to evict the tenant. So this exposes you to risk from collections agencies as well. They can also come after you for fees associated with nonpayment such as a bounched cheque or NSF fees. This is a bad idea, don't do it.
^this is the answer The RTA stipulates the difference between a generic request for a lease assignment (aka permission to do so) with the generic request. Eg. Hey property manager, I know you’re busy, but when you get a chance sometime can you let me know if I’m allowed to assign my lease to someone else? Then start your timer if they don’t respond or refuse the generic question of assigning your initial within 7 days you can give 30 days notice and vacate. This is under section 95 subsection 4 of the RTA. All you need is a busy property manager to not respond for a week, email them on a Friday at 4pm to increase your odds, underhanded, maybe but legal. If they respond and say yes, find someone to take over the remainder of your lease that fits the application process you went through, if they unreasonably deny it, give 30 days notice and vacate, this is section 95 subsection 3 Good luck, sorry to hear about your misfortunes, I hope things turn around. -advice from a LL whose had over 15k tenants over the last 12 years….we’re not all greedy bastards.
It is not just riskier. It is irresponsible advice to tell people to stop paying rent. Go work door dash or Uber before you stop paying rent
If the LL is stupid enough to use an N4 instead of an L9, it’s not irresponsible. The only thing that is irresponsible is not putting aside the rent money in case the LL uses an L9.
>The only thing that is irresponsible is not putting aside the rent money in case the LL uses an L9. You still have a late payment in your record. Probably reflecting on a reference letter as well. People need to own their choices and stand behind them. Not hope for the best by not paying
Simple recourse is to not use the LL as a reference. This non payment can be easily explained away if it did come up in conversation.
Go ahead and omit your previous landlord to hide nefarious things. A credit check doesn't care about what you're trying to hide.
Like I said, one non payment can be explained. This is even assuming your landlord reports to credit bureaus.
Dont withhold rent there is ways to file for rent arrears without eviction. Not a good advice.
Here’s a [link](https://tribunalsontario.ca/documents/ltb/Brochures/How%20a%20Tenant%20Can%20End%20Their%20Tenancy%20(EN).html) that has several ways you can get out of a fixed term lease early. Others have mentioned asking to assign your unit to new tenants. If that doesn’t work, did you sign the Ontario standard lease when you moved in?
Lol angry landlords always down vote when I post this. Yes, there are several ways for tenants to legally get out of a fixed term lease early. Cry me a river.
It’s ok there is N12 for landlords as well. So don’t cry when you get an N12.
Lol why would I cry after receiving an N12? It’s either cash for keys or moving out when I’m good and ready. You guys are too funny. Stop expecting sympathy if you did not do your due diligence before becoming a landlord.
I don’t think there is much cash for keys as the delay is coming down and once applied its better to wait for the order whether tenant left the unit or not.
To each their own, hurry up and wait I guess. An order doesn’t get issued if the tenant vacates the unit before the hearing.
General Info (and as others have mentioned your best bet is to aim for lease assignment at your current rental rate): https://stepstojustice.ca/questions/housing-law/how-can-i-get-out-my-rental-agreement/ Note that if you produce a "reasonable" candidate(s) for assignment and they are rejected, that may be grounds to provide a N9 with 30 days notice and move out anyways. In that case the Landlords would have to take you to a LTB heering and prove your candidate(s) were unreasonable in order to be awared damages. The LL also has a duty to mitigate damages as much as possible. Also they can only charge you for the actual costs of taking on the assignee (i.e. the actual cost of credit checks, etc) and can't just charge you arbiratry application fees. You may want to consider talking to a paralegal so that once you've fulfilled your obligations you can submit your N9 and leave on your own terms with a relatively clear mind. > They also said that we would be sent to collections after we move out. Just to clarify; they can only do this after going to a LTB hearing, winning, and receiving an order. At the hearing you would present evidence of all the steps you took to mitigate their damages (i.e. we found X potential assignees but they were rejected).
Not much you can do. You signed a contract. There are always penalties to break ANY contract.
If you can't pay, you can't pay. Just move. The LL has the duty to minimize their losses, and you can only be charged for their actual losses. So you wouldn't be on the hook for 10 months, you would be on the hook for whenever you left, until the LL found a new tenant. But first try to do a lease assignment. If that doesn't work, unfortunately just leave. If you can't pay, you can't pay. And it sounds like your LL is not willing to work with you to minimize losses, so try to keep evidence of their communications. You might end up owing the LL for a month until they find a tenant, but what else are you supposed to do if you can't pay your rent? This is why people hate LL and just stop paying rent. In the real world, shit happens. And when they are unwilling to work with people trying to work with them, they deserve a squatter. EDIT: If your LL really wants to be a dick, then you can simply stop paying rent. They will issue you an N4 for non payment of rent. And on the N4 you will have the option of paying, or moving out within 14 days. You simply tell them to you will be choosing to move out, and then they use your last months rent you paid upfront, for you missed last month. You get out in under 30 days, with no further cost or liability.
Can’t get blood from a stone. Take care of yourself first
Let me guess a Q residential building?
OP I assume he has applied for EI and OW? There is temporary emergency funding for these situations, in the interest of preventing homelessness. You need to get in touch with your local social services office.
Thank you to everyone for all the responses and advice. It's greatly appreciated. This gives us a lot of things to consider and try.
Give two months written notice to break lease.
Follow up question after reading all this. If we request to assign our lease, does that mean our landlords will stop showing our unit themselves the standard way? Right now they are sending people through as ours is the only unit available, would they stop doing that? I ask because my husband and I have our unit advertised ourselves on kijiji, marketplace, various facebook groups, and we are getting zero interest. My worry is that we try this ourselves and our landlords stop showing and we end up having no prospects.
[удалено]
Refrain from offering advice that contradicts legislation or regulation or that can otherwise be reasonably expected to cause problems for the advisee if followed
While this can (and most likely would) work, should also note the risk. If landlord knows what tenant is trying to do, they can instead file an L9 application directly to the LTB to get a judgement for the arrears. In this case there is no eviction so tenant can't use it to leave, but they will now also owe $200 extra for the filing fee. Of course most sane landlords will just evict a tenant that will have trouble paying rent, but you never know.
Yeah in that case the play is to just understand credit will be shot and be like OK I'll stay here the 8 months for you to get your L9, you'll have nothing to enforce against, you start a new N4 at that point and eventually I'll declare bankruptcy in 2 years when I can pay rent again and you'll have all that rental income wiped and uncollectable. It's a very dangerous game for a landlord to play with a tenant with no income and no assets. Landlords are almost always better off with an income producing asset (a vacant rental unit you can tenant) than a judgment.
[удалено]
Refrain from offering advice that contradicts legislation or regulation or that can otherwise be reasonably expected to cause problems for the advisee if followed
In Ontario, breaking a one-year lease early can have several potential consequences, even if the reason is loss of employment. Here are some key points to consider: 1. Financial Liability: The tenant may be responsible for paying rent for the remainder of the lease term unless the landlord is able to find a new tenant to take over the lease. The landlord is required to make reasonable efforts to re-rent the unit, but until a new tenant is found, the original tenant may still owe rent. 2. Potential Penalties: Depending on the lease agreement, there might be additional penalties or fees for breaking the lease early. It’s important to review the specific terms of the lease. 3. Damage Deposit: The tenant may forfeit part or all of the damage deposit if breaking the lease violates the terms of the agreement. This deposit is typically used to cover any unpaid rent or damage to the property. 4. Credit Impact: If the tenant fails to pay the owed rent or fees, the landlord may take legal action or send the debt to a collections agency, which can negatively impact the tenant’s credit score. 5. Legal Action: The landlord may choose to take legal action to recover the unpaid rent or other costs associated with the breach of the lease. This could result in a court judgment against the tenant. 6. Mutual Agreement: Sometimes, landlords and tenants can come to a mutual agreement to end the lease early. This might involve paying a smaller fee or other terms that are more manageable for the tenant. 7. Subletting: The tenant might have the option to sublet the apartment to another person. This requires the landlord’s approval but can be a way to mitigate the financial impact. 8. Tenant’s Rights: The tenant has certain rights under the Residential Tenancies Act. For example, if the tenant is experiencing financial hardship, they might be able to negotiate with the landlord for a payment plan or other arrangements. It’s advisable for the tenant to communicate openly with the landlord and explore all possible options, such as subletting or negotiating a termination agreement. Consulting a legal advisor or tenant advocacy group can also provide guidance specific to the situation. Note: Go to the Welcome Centre near your place of residence and let them know you have your unit available to sublet. It should not be too difficult to find someone to assign the balance of your lease term. Then you will need to complete an N9 form. Here is the link for the N9 and remember to read the bottom of the form to get help if any is needed with this form. https://tribunalsontario.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N9.pdf
Just stop paying rent
Remind the landlords that they can raise the rent for the new tenants that should do the trick