Things to know about breaking the lease
Breaking the lease can be a scary, stressful, and messy process. Believe me, I know all about it. When I lived in an old apartment that was infested with mold, dust, and pet dander, I nearly died from my allergies. Despite having medical evidence to support my cause, I still faced difficulty breaking the lease.
Below I will share some insights I gained from this experience and aim to answer commonly asked questions too.
What are the penalties you can face for breaking the lease?
When a tenant signs a tease, they are entering into an agreement with the landlord. Whether it’s a one year lease or half a year lease, the tenant is technically required to stay in the rental unit until the end of the lease’s term.
As such, more often than not, once a tenant signs a lease, they cannot break it unless:
- The landlord agrees to your breaking the lease
- The landlord allows you to assign the rental unit to someone else
- The landlord is not meeting their obligations and is ordered by the Landlord and Tenancy Board to terminate the lease early
If your landlord gives you trouble and does not allow you to break the lease early, then know that there will be penalties if you try to force a break anyways. Here are some of the penalties you can face:
- Civil lawsuit from your landlord: Your landlord can take you to court if you have any outstanding rent to pay until the end of your lease.
- Deal with collection agency: If the court holds you responsible for paying the remaining rent, your landlord can hire a collection agency to collect the balance. The collection agency can also notify the credit bureaus about your situation, which will negatively affect your credit score.
- Trouble renting another place: Once the court holds you responsible for paying the remaining rent due to breaking the lease early, this judgement will be entered into public record. This means that you will face trouble renting in the future if your new landlord chooses to look into your credit history.
When can you break the lease?
If you’re not satisfied with the current rental unit you’re living in and must break the lease, there are a few exceptions that will allow you to break the lease with minimal penalties. Below are a few common circumstances where you can break the lease.
- Your landlord does not maintain the rental unit: If your landlord fails to maintain and safe and habitable house, then you have the right to file for a rental lease termination. Always remember to document any problems you find in the unit to support your case.
- Your landlord unlawfully entering your unit without your permission: In Toronto, your landlord can only enter a unit if they’ve been given permission by the tenant, if the unit has been abandoned by the tenant, or if there is an emergency. But even then, your landlord can only enter your unit to inspect or make repairs, for pest control, to show the property to potential buyers or renters.
- Your landlord changes the locking system without notifying you or giving you replacement keys: In Toronto, it is illegal for your landlord to change your locking system without notifying you and giving you the replacement keys. If you’ve been locked out of your unit, you may contact your landlord regarding the issue. If that does not work, you may contact the Rental Housing Enforcement Unit so they can be in contact with your landlord.
- Your landlord interferes with your reasonable enjoyment of the rental unit: This clause basically means that you are entitled to the right to peace, quiet, and privacy in your rental unit. But it can also extend to your overall happiness living in the rental unit. If you’re suffering from asthma, allergies, or other health problems due to problems caused by your rental unit, then this can be an infringement to this right too. If it’s health related, be sure to get medical evidence to justify your decision to break the lease.
- You are a victim of sexual or Domestic violence: If you are in a sexual or domestic abuse situation, you should strive to leave your rental unit as soon as possible. Though it is advised to not live with your abuser, it is still very unfortunate that tenants still need to give at least 60 days of notice before they can terminate their tenancy agreement. Furthermore, tenants who break the lease could potentially still face the same penalties any other tenants face.
How to break the lease under other circumstances
Perhaps your situation does not fall into any of the categories listed above. Maybe you need to leave due to a family emergency or a job relocation. Everyone has their own unique circumstances.
In such circumstances, you have a few choices still.
- Talk to your landlord: As always, before taking things up with the Landlord and Tenant Board, the best way to resolve a situation is to talk to your landlord. If you have been a good tenant and are on good terms with your landlord, you might be able to break the least early without any penalties. If your landlord agrees, be sure to ask for this in writing.
- Find someone to take over: If your landlord is open to the idea to you finding another person to take over your lease, this could be your ticket to breaking the lease without penalty. This entails finding someone who would take over the remainder of your lease and carry on with your rent payments.
No matter the reason behind breaking the lease, sometimes you may face penalties for it. In order to incur minimal penalties, it’s best to know what your rights are and always keep proper documentation of everything that occurs in your rental unit and between you and the landlord. This will help you in the future if things get messy and you must defend yourself in court.
If you have any further questions about what it means to break the lease in Toronto, you can visit the Landlord and Tenant Board website to find out more or call them directly at 416-645-8080 or toll-free at 1-888-332-3234 with your questions.
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