I want to move out before the end of my rental agreement. What can I do?

A rental period is the amount of time covered by your rent payment. For example, if you pay rent on the first day of the month, your rental period runs from the first day to the last day of the month. The last day of the 60-day notice must be the last day of your rental period.

A special rule applies if you want to move out in February or March. If you want to end your tenancy on the last day of February, you must give your landlord notice no later than January 1st. And if you want to end your tenancy on the last day of March, you must give your landlord notice no later than February 1st.

Sometimes a rental period can be less than 1 month long. For example, if you pay your rent every day, your rental period is 1 day, or daily. If you pay every week, your rental period is 1 week, or weekly. If your rental period is shorter than 1 month, then you must give your landlord at least 28 days’ notice. The last day of the notice must be the last day of your rental period.

If you and the landlord signed a rental agreement for a fixed period, the earliest you can move out is the last day of the fixed period. That is, the last day of the 60-day notice must be the last day of the rental agreement. “Lease” is another name for a written rental agreement.

If you do not want to wait 60 days to move out of the place you rent, what you need to do depends on whether you want to move out and not come back, or you want to leave for some time and then return.

If you know you will not want to return once you move out, for example, if you are taking a new job in another city, you can “assign” your tenancy.

When you assign, you or your landlord finds another tenant to take over your rental agreement and you move out of the place you rent. The new tenant is called an “assignee”. There are no changes to the rental agreement or to the amount of rent the assignee has to pay.

When you assign, your tenancy ends. This means that:

• you are no longer responsible for the rental place.
• you no longer have to pay the rent.
• you have no more rights to the rental place after you move out.
• you cannot move back in.

You need to ask your landlord for permission to assign your tenancy. It is important to make your request in writing. Sign and date your request. Keep a copy so that you have proof of when you made the request.

If you already know who you want to suggest as the new tenant, you can ask for permission to assign to that particular person. If not, ask for general permission to assign.

The landlord has up to 7 days from the date you ask for permission to give you an answer.

If you let someone move into the place you rent without your landlord’s permission and you move out, the person who moves in is considered to be an “unauthorized occupant”.

Your landlord can apply to the Board to evict both you and the unauthorized occupant. The landlord must do this within 60 days of discovering that the unauthorized occupant is living in your rental place. The landlord is also allowed to ask the Board to make the unauthorized occupant pay for the time they have lived in the rental place. If the lease is for a fixed period, you may be responsible for paying the rent to the end of the lease.

Your landlord is allowed to charge you only for reasonable costs of assigning your tenancy to a potential assignee. Examples of these costs are the cost of advertising for a new tenant to take over your lease, or the cost of doing a credit check on someone who wants to take over your lease.

Your landlord might agree to your general request to assign, but may not give you permission to assign to the particular person you suggest. Your landlord must have a good reason for refusing

Your landlord must respond to your request within 7 days from the date you ask for permission to assign your tenancy. If you do not get a reply within 7 days, you can give your landlord 30 days’ notice that you will be ending your tenancy and moving out. If your tenancy is daily or weekly, you must give your landlord at

least 28 days’ notice before you move out. The last day of your notice does not have to be the last day of your rental period. And you do not have to find anybody to take over your tenancy.

To give notice, you can fill in a Tenant’s Notice to Terminate the Tenancy – Form N9 and give it to your landlord within 30 days after the date a request was made.

You must give notice even if the landlord does not reply to your request within 7 days. If you move out without giving notice and let someone else move in, the person who moves in is an unauthorized occupant. Your landlord can apply to the Board to terminate the tenancy and evict both you and the unauthorized occupant. The landlord must do this within 60 days of discovering that the unauthorized occupant is living in your rental place.

If your landlord does not agree to let you assign your tenancy, you can give your landlord at least 30 days’ notice that you will be moving out. If your tenancy is daily or weekly, you must give your landlord at least 28 days’ notice before you move out. The last day of your notice does not have to be the last day of your rental period.

To give notice, you can fill in a Tenant’s Notice to Terminate the Tenancy – Form N9 and give it to your landlord within 30 days after the date a request was made.

If your landlord refuses your request, but you allow someone else to move in and you move out, the person who moves in is an unauthorized occupant and your landlord can apply to the Board to terminate the tenancy and evict you and the unauthorized occupant. The landlord must do this within 60 days of discovering that the unauthorized occupant is living in your rental place.

Your landlord is not allowed to deny your request unreasonably or arbitrarily. In other words, your landlord must have a good reason to refuse to let you assign your tenancy to the person you suggest. For example, if your landlord insists that the person must sign a new lease, or that you must pay more than what it cost the landlord to assign the tenancy, these actions could be considered unreasonable denial.

If your landlord refuses your request to assign the place you rent without a good reason, you can apply to the Board for a remedy. In this situation, a “remedy” is something the Board can order the landlord to do or to pay to make up for not following the law and being unreasonable.

To ask the Board for a remedy, you must fill in a form called an Application About a Sublet or an Assignment – Form A2 and send it to the Board. It costs $53 to apply. You may not have to pay the $53 to file your application if you qualify for a fee waiver.

There are a few ways to send forms to the Board. The Board recently introduced the Tribunals Ontario Portal (the “Portal”). As of November 2022, you cannot file your Form A2 using the Portal. The Board has plans to add the Form A2 to the Portal in the near future. In the meantime, you can submit your Form A2 to the Board by email, mail or courier to the nearest Board office.

To find a list of Board office locations visit www.tribunalsontario.ca/ltb

You can also call the Board at 416-645-8080 or 1-888-332- 3234 (toll-free).

If you want to drop-off your Form A2 in person at a ServiceOntario Centre, contact them first to ask if they accept Board forms.

You must file your application with the Board within 1 year from the date of the landlord’s refusal

The A2 Instructions show you how to fill in the Form A2. It is important to read the Form A2 and the A2 Instructions carefully before you begin and to go over your Form A2 again when you have finished filling it in.

On page 1 of the Form A2 under Applicant Information, mark the box that says you are a tenant. Then fill in:

• your first and last name.
• the address where you want to Board to send your mail.
• a phone number where you can be reached.
• the address of the place you are renting.
• Your email address

Under Other Parties to the Application on page 2 of the Form A2, mark the box that says Landlord, and fill in the landlord’s full legal name, address, phone number and email address.

Sometimes the landlord is a company, and sometimes there is more than one landlord. One way to find the legal name and address of the landlord is to look on your lease. Another way is to contact the Municipal Property Assessment Corporation Office or visit the Registry Service at your local City Hall or Civic Centre to search for who owns the place that you rent.

You must fill out a Schedule of Parties form and add it to your application if

• there are more than 2 tenants living in the place you rent and you want to include them in your application, or
• there is more than 1 landlord or you want to include other people in your application such as the superintendent or someone else who works for your landlord

In Part 2: Reasons a Tenant can Apply mark the box next to Reason 1. Shade the circle to indicate you asked for permission to assign your rental unit. Explain in detail why you think the landlord arbitrarily or unreasonably refused to allow you to assign your rental unit to another person. You will also have to indicate what decision you are hoping the Board member will make about your case.

In section (b) mark the box next to the remedies you want the Board to consider. The Board can order one, two, or all of the following remedies:

1. Allow the assignment – The landlord will have to allow you to assign your tenancy to the person you suggested.

1. End your tenancy – The landlord will have to let you leave without giving 60 days’ notice. Your tenancy will be “terminated” or ended.

1. Rent abatement – The landlord will have to pay you back some of the rent you paid to make up for not respecting your legal rights.

On page 6, mark the box that says you are a tenant, sign, and date the form. The Board will not accept your application if you do not sign it.

On the page called Request for French-Language Services or Request for Accommodation:

• If you want your hearing to be in French, check the box marked “French-Language Services”.
• If you have special needs, you can use this page to tell the Board what kind of help you need. If your special needs are related to grounds listed in the Ontario Human Rights Code, the Board must make special arrangements to help you use the Board’s services. For example, if you have difficulty speaking or understanding English or French, you can ask the Board to provide an interpreter to help you participate in your hearing. Or, if you have a disability that may affect your use of the Board’s services, you can ask the Board for help.

On the page called Payment and Scheduling Information Form

• Fill in the box that says how you want to pay the filing fee. Remember, if you get a fee waiver, you will not have to pay.
• List any days when you cannot attend a hearing. For example, list any days when you have medical appointments or will be out of town.

What do I do with my completed application?

After you have filled in the Form A2 and you have attached any documents you want the Board to consider, send the Form A2 and accompanying documents to the Board. You can file your Form A2 by email, mail or courier or drop it off in-person at a ServiceOntario Centre. Before going to a ServiceOntario Centre, contact them to make sure they accept Board forms.

It costs $53 to file the Form A2 (unless you qualify for a fee waiver). If you mail or courier your Form A2, you can pay the fee by certified cheque, money order, Visa or Mastercard. Certified cheques and money orders must be made payable to the “Minister of Finance”. If you are filing by mail or courier and paying by Visa or Mastercard, you must complete the Credit Card Payment Form and submit it with your application.

If you want to file your Form A2 by email, you can pay online using a debit or credit card. If you pay online, email your receipt and Form A2 to LTBpayments@ontario.ca

After your Form A2 is accepted, the Board will set a date for your hearing and send both you, your landlord and anyone else listed on your Form A2, a copy of the Form A2 and the Notice of Hearing which tells you the date, time, and place of your hearing

If you want to use any evidence (such as emails, text messages, pictures and so on) at your hearing, make sure to send it to the Board and the landlord at least 7 calendar days before your hearing.

The land your mobile home is on is called a “mobile home site”. If you own your mobile home and you rent the land it stands on, special rules apply to assigning the site.

If you sell your mobile home, or have an agreement to sell your mobile home, you must ask your landlord for permission to assign the site.

Your landlord cannot refuse to let you assign the mobile home site without good reason. The landlord has to convince the Board that the refusal is reasonable. To do this, your landlord must file an application with the Board explaining why the refusal is reasonable within 15 days from the date you ask for permission.

If you know you want to return to the place you rent after moving out for a short time, you can “sublet” the place. That way, you remain the tenant.

When you sublet the place you rent, you find another tenant who agrees to move in for a certain amount of time while you move out and leaves at the end of that time so you can move back in. The person you sublet to is called a “subtenant”.

Before you sublet your place, you need to ask for your landlord’s permission in writing. Keep a copy of the letter and your landlord’s reply for your records.

You and the subtenant have to agree on the date the subtenant will move out. This “sublet agreement” between you and the subtenant should be in writing and signed by both of you. The sublet agreement must end before the end of the lease or rental period.

You can charge the subtenant rent, but it cannot be more than the amount your landlord charges you.

You are still your landlord’s tenant. The lease or rental agreement between you and the landlord remains the same. This means that you are still responsible for paying the rent you owe on time. If the landlord does not get all the rent, or does not get the rent on time, the landlord can apply to the Board to end your tenancy and evict you. You are also responsible for any damage the subtenant may do to the rental place while you are away.

Your sublet agreement is a legal contract between you and the subtenant about the rules the subtenant will follow while renting your place. This agreement should include:

• the subtenant’s legal name.
• the date the agreement begins and the date it ends.
• the amount of the monthly rent and when it must be paid.
• how the rent will be paid, for example, by cash or cheque, in person or by mail.
• the name and address of the person or company the rent must be paid to.
• what the subtenant will be responsible for while living in your place, for example, any damage the subtenant causes.
• what the subtenant cannot do while they live there, for example, smoking, illegal activities.
• that the subtenant must follow the rules set out in the rental agreement between you and your landlord . Give a copy of your rental agreement to the subtenant so they know what those rules are.
• that the subtenant must follow the rules set out in the Residential Tenancies Act.

Be sure that you and the subtenant sign the agreement. Give one copy to the subtenant and keep a copy for yourself.

A subtenant who stays beyond the date they agreed to move out is a type of unauthorized occupant called an “overholding subtenant”. You can apply to the Board for a remedy. In this situation, a “remedy” is something the Board can order the subtenant to do or to pay to make up for breaking the subtenant agreement and not following the law. And if the overholding subtenant has not paid rent for the time they continued to live in your rental place after the date they agreed to move out, you are also allowed to ask the Board to make the subtenant pay you.

To apply for a remedy from the Board, you must fill in a form called an Application about a Sublet or an Assignment – Form A2 and give it to the Board. It costs $53. You may not have to pay the $53 to file your Form A2 if you qualify for a Fee Waiver.

On page 1 of the Form A2 under Applicant Information, mark the box that says you are a tenant. Then fill in:

• your first and last name.
• the address where you want to Board to send your mail.
• your email address
• a phone number where you can be reached.
• the address of the place you are renting.

Under the heading Other Parties to the Application mark the box that says “Subtenant”, and fill in the subtenant’s full legal name, address and phone number. You must fill out a Schedule of Parties form and add it to your application if

• there are more than 2 subtenants living in the place you rent and you want to include them in your application.

In Part 2: Reasons a Tenant can Apply mark the box next to “Reason 2: The subtenant did not move out on the date we agreed to” and fill in the date the subtenant was supposed to move out.

Carefully read over all the different types of remedies the Board can order. The Board can order one, or all of the following remedies:

1. End the tenancy
2. Compensation

The Board can order the subtenant to pay you for each day they stayed without paying rent after the date they were supposed to leave. Fill in the boxes showing how much rent the subtenant pays you and how often they pay rent.

On page 6, mark the box that says you are a tenant, sign, and date the form. The Board will not accept your application if you do not sign it

On the page called Request for French-Language Services or Request for Accommodation:

• If you want your hearing to be in French, check the box marked “French-Language Services”.
• If you have special needs, you can use this page to tell the Board what kind of help you need. If your special needs are related to grounds listed in the Ontario Human Rights Code, the Board must make special arrangements to help you use the Board’s services. For example, if you have difficulty speaking or understanding English or French, you can ask the Board to provide an interpreter to help you participate in your hearing. Or, if you have a disability that may affect your use of the Board’s services, you can ask the Board for special assistance.

On the page called Payment and Scheduling Information Form:

• Fill in the box that says how you want to pay the filing fee. Remember, if you get a fee waiver, you will not have to pay.
• List any days when you cannot attend a hearing. For example, list any days when you have medical appointments or will be out of town.

What do I do with my completed application?

After you have filled in the Form A2 and you have attached any documents you want the Board to consider, send the Form A2 and accompanying documents to the Board. You can file your Form A2 by email, mail or courier or drop it off in-person at a ServiceOntario Centre. Before going to a ServiceOntario Centre, contact them to make sure they accept Board forms.

It costs $53 to file the Form A2 (unless you qualify for a fee waiver). If you mail or courier your Form A2, you can pay the fee by certified cheque, money order, Visa or Mastercard. Certified cheques and money orders must be made payable to the “Minister of Finance”. If you are filing by mail or courier and paying by Visa or Mastercard, you must complete the Credit Card Payment Form and submit it with your application.

If you want to file your Form A2 by email, you can pay online using a debit or credit card. If you pay online, email your receipt and Form A2 to LTBpayments@ontario.ca

After your Form A2 is accepted, the Board will set a date for your hearing and send both you, your landlord and anyone else listed on your Form A2, a copy of the Form A2 and the Notice of Hearing which tells you the date, time, and place of your hearing.

Your landlord must have a good reason to refuse your request to sublet your place to another person. If your landlord is arbitrary or unreasonable in refusing your request to sublet, you can apply to the Board for a remedy. In this situation, a “remedy” is something the Board can order the landlord to do or to pay to make up for not following the law and being unreasonable.

To ask the Board for a remedy, you must fill in a form called an Application about a Sublet or an Assignment – Form A2 and give it to the Board. It costs $53 to apply. You may not have to pay the $53 to file your application if you qualify for a fee waiver.

You must file your application with the Board within 1 year from the date of the landlord’s refusal.

The A2 Instructions show you how to fill in the Form A2. It is important to read the Form A2 and the A2 Instructions carefully before you begin and to go over your Form A2 again when you have finished filling it in.

On page 1 of the Form A2 under Applicant Information, mark the box that says you are a tenant. Then fill in:

• your first and last name.
• the address where you want to Board to send your mail.
• your email address.
• a phone number where you can be reached.
• the address of the place you are renting.

Under the heading Other Parties to the Application mark the box that says Landlord, and fill in the landlord’s full legal name, address and phone number.

Sometimes the landlord is a company, and sometimes there is more than one landlord. One way to find the legal name and address of the landlord is to look on your lease. Another way is to contact the Municipal Property Assessment Corporation Office or visit the Registry Service at your local City Hall or Civic Centre to search for who owns the place that you rent.

You must fill out a Schedule of Parties form and add it to your application if

• there are more than 2 tenants living in the place you rent and you want to include them in your application, or
• there is more than 1 landlord or you want to include other people in your application such as the superintendent or someone else who works for your landlord.

In Part 2: Reasons a Tenant can Apply mark the box next to Reason 1. Shade the circle to indicate you asked for permission to sublet your rental unit. Explain why you think your landlord arbitrarily or unreasonably refused to allow you to sublet the rental unit to another person. You will also have to indicate what decision you are hoping the Board member will make about your case. Read the choices carefully.

The Board can order one, two, or all of the following remedies:

• Allow the Sublet

The landlord will have to allow you to assign your tenancy to the person you suggested.

• End your tenancy

The landlord will have to let you leave without giving 60 days’ notice. Your tenancy will be “terminated” or ended.

• Rent abatement

The landlord will have to pay you back some of the rent you paid to make up for not respecting your legal rights.

On page 6, mark the box that says you are a tenant, sign, and date the form. The Board will not accept your application if you do not sign it.

On the page called Request for French-Language or Request for Accommodation:

• If you want your hearing to be in French, check the box marked “French-Language Services”.
• If you have special needs, you can use this page to tell the Board what kind of help you need. If your special needs are related to grounds listed in the Ontario Human Rights Code, the Board must make special arrangements to help you use the Board’s services. For example, if you have difficulty speaking or understanding English or French, you can ask the Board to provide an interpreter to help you participate in your hearing. Or, if you have a disability that may affect your use of the Board’s services, you can ask the Board for special assistance.

On the page called Payment and Scheduling Information Form:

• Fill in the box that says how you want to pay the filing fee. Remember, if you get a fee waiver, you will not have to pay.
• List any days when you cannot attend a hearing. For example, list any days when you have medical appointments or will be out of town.

What do I do with my completed application?

After you have filled in the Form A2 and you have attached any documents you want the Board to consider, send the Form A2 and accompanying documents to the Board. You can file your Form A2 by email, mail or courier or drop it off in-person at a ServiceOntario Centre. Before going to a ServiceOntario Centre, contact them to make sure they accept Board forms.It costs $53 to file the Form A2 (unless you qualify for a fee waiver). If you mail or courier your Form A2, you can pay the fee by certified cheque, money order, Visa or Mastercard. Certified cheques and money orders must be made payable to the “Minister of Finance”. If you are filing by mail or courier and paying by Visa or Mastercard, you must complete the Credit Card Payment Form and submit it with your application.If you want to file your Form A2 by email, you can pay online using a debit or credit card. If you pay online, email your receipt and Form A2 to LTBpayments@ontario.caAfter your Form A2 is accepted, the Board will set a date for your hearing and send both you, your landlord and anyone else listed on your Form A2, a copy of the Form A2 and the Notice of Hearing which tells you the date, time, and place of your hearing.

Tip sheets for tenants

Free tip sheets for tenants are available online at www.acto.ca. They deal with a variety of housing problems tenants face.

Community legal clinics

Across Ontario, legal clinics give free legal advice to people with low incomes.

Contact your local community legal clinic for help with landlord and tenant matters.

To find the community legal clinic for your area, go to Legal Aid Ontario’s website at www.legalaid.on.ca. Click on “Contact LAO” then on “Community legal clinics”. Or call Legal Aid Ontario:

Toll-free. …………… …. 1-800-668-8258

Toronto area…………… 416-979-1446

Toll-free TTY……………. 1-866-641-8867

TTY, Toronto area. …… 416-598-8867

Other sources of information

You can find information for tenants online at www.yourlegalrights.on.ca and at www.stepstojustice.ca.

In Toronto, you can also call the Tenant Hotline at 416-921-9494 for free information and referrals to your local legal clinic.