Monday, 19 November 2018

GETTING OUT OF YOUR LEASE EARLY---Is it possible?


PLEASE LET ME MOVE OUT!

Life's realities sometimes make it necessary for a tenant to move and leave their current apartment.  Sometimes, the reality is a job loss, a relationship breakup, or sometimes the reality is an opportunity for a better job in a different city.  Family responsibilities or financial set backs can also contribute to the need to terminate a tenancy early.  Many of these "realities" are unexpected and take people by surprise.  The year long term of a lease, or the multi-year term that seemed like a good idea to sign up for is, all of sudden, a tremendous burden.

For tenants who never signed a lease and are on a month to month tenancy, or for tenants whose lease terms have expired and therefore the lease has automatically renewed on a month to month basis, the extent of liability to the landlord for ongoing rent is 60 days notice to the end of the term.  In theory this could amount to a maximum of three months rent.

A tenant who is on a month to month tenancy needs to give a landlord 60 days of notice to the end of term.  The exact rules for this and the timing of that notice is set out in a handy form that the Ontario Landlord and Tenant Board provides.  That form is the Form N9 and is called a Tenant's Notice to Terminate.


FIXED TERMS


What is meant by "Fixed Terms" is a lease that was entered into for a term other than a month to month term.  The typical or normal term is one year.  After the one year term expires, a lease in Ontario does not end.  Without doing anything at all, the lease automatically renews periodically on a month to month basis.


During the original lease term, a tenant is presumed to be committed to staying in the rental unit and paying the rent for the entire term of the lease.  After the expiry of the original lease term, the lease goes month to month, and a tenant is only presumed to be bound to pay the future rent for up to 60 days as the tenant may terminate the month to month tenancy on a minimum of 60 days written notice to the end of the monthly term.


What if a tenant needs to terminate a lease during the original fixed term of the tenancy?  For this discussion, lets presume a scenario where the tenant has signed a one year leasing starting January 1, 2017, in Ottawa, Ontario.  The tenant moves in and is obligated to pay $1500 per month on the first of every month.  The term is indicated in the lease as ending on December 31, 2017.  On February 4, 2017, the tenant's local job is terminated but she is offered a transfer to another location in Toronto.  If she wants the job, she has to start, on March 1, 2017.  She basically has three weeks to find a new apartment in Toronto, pack, move, and wrap up her life in Ottawa.  In that time she has to figure out what to do with her Ottawa apartment.  She has only paid for January and February and now after these two months has 10 months of rent left which totals $15,000.


What can this tenant do?  A telephone call to the Landlord and Tenant Board will result in the tenant being told that she can "Assign" the lease to another person.  The Residential Tenancies Act provides that a tenant may assign a lease with the consent of the landlord.  If a landlord chooses not to allow the tenant to assign the lease a tenant may terminate the lease--even if in a fixed term--on 30 days notice to the landlord regardless of the length of the term of the lease. 


The applicable sections of the RTA are found in Part VI, specifically in section 95 and 96. 


The first thing that a tenant should do, in relation to "assigning" a lease is to ask the Landlord, in writing, whether the landlord agrees to allow the tenant to assign the lease.   This is a general request for permission to transfer the lease to another person.  The reason to ask this question is that a landlord has the right to say "no".   The landlord does not have to have a good reason to refuse an assignment on a general basis.  Given that the point of an assignment is to transfer responsibility for the lease to another person, a tenant whose landlord refuses consent to assign should be just as happy to terminate the tenancy agreement using a Form N9.  A landlord's refusal to consent to assign is grounds for terminating a tenancy under section 95(4) RTA.


WHAT IF THE LANDLORD AGREES TO ASSIGNMENT GENERALLY


After asking your landlord for consent to assign the lease (without proposing any specific person to take over the lease) in writing, your landlord has seven days to respond to your request.  If the landlord responds within the seven days stating that they agree to you assigning the lease you are then left with the task of trying to find a new tenant to take over your lease.  You can advertise, find friends, friends of friends, hold open houses, and do whatever you can to find a new tenant.  Your success will likely turn on the state of the rental market, how desirable your rental unit is, and the amount of your monthly rent. 


Presuming some success in finding a person who wants to take over your lease you will need to work with the landlord to have the landlord assess the tenant to see if the person you have found is suitable.  The landlord needs to assess the prospective assignee reasonably and objectively--meaning the landlord can't just say no for arbitrary reasons.   The landlord may run a credit check or background check on the tenant to make sure that the assignee is acceptable.  You may be charged a fee for the out of pocket expense of doing so--but only if the cost of the background check results in the assignment of the rental unit.  A landlord is only entitled to charge for the background check when the background check results in a "yes".

If you have been lucky enough to find a new tenant to take over the lease on an assignment the landlord will prepare some kind of document (sometimes just a written acknowledgement), that the assignee has taken over the lease from a certain date.  For the tenant doing the assigning (i.e. the tenant who is leaving), getting a firm and fixed date in writing about when the assignment takes effect is critical.   This date is important because it is from the date of the assignment that the tenant who is leaving is no longer liable for rent, damage, or any behaviours of any guests in the rental unit.   The liability of the tenant who is leaving is limited to rents owing, damage caused, upon to the date of the assignment.

The assignee (tenant taking over the lease), is likewise only responsible for rent, damage, and tenant responsibilities from the date of the assignment.  Anything that existed before the assignment is not the responsibility of the assignee.   Hence, as you can imagine, it is very important for the "leaving tenant" and the "new tenant" to clearly document and record the condition of the rental unit on the date of transfer.  The old tenant doesn't want to beheld liable for new damage caused by the new tenant and the new tenant does not want to be liable for damage that existed on the date of the assignment.  Without a clear inspection and acknowledgement of the landlord about the condition of the premises on the date of assignment there is a risk that the landlord chases both the old tenant and the new tenant for damage when the tenancy ends.

IS THERE ANOTHER WAY to end the tenancy?

The assignment process that was just discussed is the "way" that the LTB will advise tenants who need to leave early to deal with the tenancy.  That being said, nothing stops a landlord and tenant from agreeing to terminate a tenancy on terms that work for both.  When an agreement to terminate is reached the parties can use a Form N11 to terminate a tenancy (regardless of term).  The obligations to each other under the lease will be effective on the termination date set out in the N11 Form.  Note that there is no minimum notice period for an N11.  Where the parties agree, they can legally choose any termination date that they wish.

Michael K. E. Thiele
www.ottawalawyers.com   

22 comments:

  1. Hi Michael, Thanks for writing this blog to help those need help with tenant issues. I just came across your blog whiling looking for information about N11. I have a tenant, who subtenants my house without permission. After negotiation, we signed a N11 to end the tenancy after 60 days. He is doing a short term rental business and it seems to be profitable for him. So I am concerned that he won't move out after the termination day. Can I file to the board before the termination day to make the N11 enforceable once after the termination day? With the current speed of the Toronto board, it will take months if I file after the termination day. Thanks.

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    Replies
    1. Hi Derek:

      Absolutely you should apply immediately. Use the L3 Form. You will get an ex part Order--meaning no hearing is necessary and it will be enforceable as of the date. Filing the application immediately is always worthwhile because it will put your tenant to the test of either accepting the Order or filing a motion to set it aside within 10 days of the date of the Order.

      Check out online filing---I think you can file this one on-line but you will need to find a lawyer or other commissioner who can commission your affidavit.

      Best of luck

      Michael K. E. Thiele
      www.ottawalawyers.com

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  2. Hi Michael,

    Reading your article is a better experience and more efficient than going through boring clauses on TLB. I have a question that whether the fixed-term or monthly tenancy affects the right of the tenants to make a request to sublet or assign the premises. Here is a case that the tenant have a candidate tenant (say a friend) to recommend to the landlord, and the tenant has also sent a written request to sublet or assign his lease to this friend. However, the landlord rejects the request without a fair reason. In such a case, can the tenant files the N9 form (not sure sent to the landlord or the LTB?) to request the termination of his lease without a notice of 60 days in advance? Then the tenant vacates and moves out right away. But how can the tenant get back his last month deposit becomes a problem.

    Looking forward to your answers.

    Thank you,
    Jason

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    Replies
    1. Jason:

      An "assignment" and a "sublet" are very very different things. Unfortunately, people use these words interchangeably and the difference between the two concepts is lost.

      The place to start, in answering your question, is to figure out what your goal is. Is your goal to get your friend into the rental unit? Or is your goal to permanently get out of your lease? Or is your goal to get out of your lease for a little while and then come back?

      The last part of your question, including you referring to the N9, makes me think that you're just trying to get out of a lease. From that perspective, the key legal concept is "assignment". Whether you are on a fixed term or on a month to month you can ask the landlord to assign the lease. You can ask that question "generally" without proposing a potential assignee (new tenant). If the landlord says "no" then you can terminate the tenancy and serve the N9 (on the landlord). Refer back to the article about the timelines for terminating when a landlord says "no".

      Once you terminate by serving the N9 you then ask the landlord to refund any prepaid rent plus the interest on the Last Month's Rent deposit. Usually, the only prepaid rent is the last month's rent deposit. The landlord should cut that cheque to you--often though only after your return possession of the apartment to the landlord. Some landlords will argue that they get to keep the deposit, or can use it for damage, or some other nonsense. There is no legal option but to return the prepaid rent. If the landlord refuses to return the money you can use a T1 application to get an Order for the return.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  3. Hello Michael,

    Thanks for your detailed reply. Now I understand such a way to resolve this issue. Actually I am in a situation living in a two-bedroom apt with in total two persons as tenants on the list. My cotenant planed to move out on Dec 1st, and we agreed to assign only his bedroom to someone else, I will still remain staying in my bedroom. However, after we submitted the leaseholder change request form (we received from the superintendent, whose boss is the landlord) to the landlord, we got the rejected letter for the reason that our month-to-month tenancy is not permitted for any assignments or sublets. Even we also submitted an application form from the assignee, this was not approved. The landlord suggested a solution that the assignee and I submit a new tenancy application at the current market price. This happened last week. In such a case, can we (my cotenant and I) submit an N9 form to the landlord to apply for the termination of the lease right away, does it work?
    Another questions is that, if we submit the N9, vacate and return the keys to the landlord before Dec 1st, then we can avoid paying the rent of Dec and at the same time get back our rent deposit of the last month. Is this right? Else, but if we submit the N9 after Dec 1st, say Dec 2nd, in case we have no enough time to vacate, shall we have to pay the rent for the Dec even though we only stay for two days in Dec? As a result, we may not get back the last month deposit in this case.

    Hope to hear from your follow-up response.


    Thanks,

    Jason

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    Replies
    1. Hi Jason:

      The premise of your latest comment does not actually work. If there is a single tenancy (you and your roommate leasing one rental unit on a single lease) then you are not able to assign rights to occupy one of the bedrooms. An assignment is for the entire rental unit and a sublet requires you to move out while another person occupies the premises for a fixed length of time.

      With the N9 you are clearly trying to access the termination provisions arising from a refusal to assign. Perhaps the landlord's statement to you is broad enough (categorical that the rental unit may not be assigned in any respect) that you can now serve the N9. The notice period you are required to provide is set out in section 96(2) RTA--likely 30 days and you are required to give that notice (if you intend to terminate) within 30 days of the refusal (s. 95(4)).

      Take at look at the RTA--assignment provisions starting at Part VI of the RTA. It reads like a flow chart and you can figure out the implications of certain steps. Note, the notice period that you provide is not indicated as having to be to the end of a term/rental period.

      Michael K. E. Thiele
      www.ottawalawyers.com

      Delete
  4. Hi Michael,

    I'm a student living in a house with 5 other students and one post-doc. I'm monthly, the other students have leases with end dates of April or later, and the post-doc is just here for December. Myself and four other students want to move out by the end of December (the other student is undecided).

    There are heating issues, electrical issues, and a possible mold issue that I think may make the place unfit for habitation and the landlord is renting the property without a licence in violation of municipal by-laws. The landlord is also renting two basement rooms, one of which contains the fuse box. I have reported the landlord to by-law enforcement and they have assigned an officer to investigate (no timeline has been given as of yet).

    We would like to break our tenancies without involving the Landlord and Tenant Board if possible. We are restricting our communication with the landlord to emails for the moment so we have everything in writing but the landlord is refusing to communicate with us at all about this matter. We have asked the landlord to sign N11 forms but, as I said, he is not responding. Is the landlord required to respond and, if so, is he required to respond within a certain time frame? What can we do if the landlord doesn't respond? We don't want to assign our tenancies to someone else as regardless of whether that would be legal we think it would be immoral to try to persuade anyone to live in this house in its current state.

    If we do file a complaint with the Landlord and Tenant Board, we are planning to file a T1 (the landlord required illegal security deposits), a T2 (interfering with a vital service, namely heating), an a T6 (not adequately fixing leaks in the basement that may cause, or have already caused, a mold issue under the tiling).

    Thanks,

    Nathan

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    Replies
    1. HI Nathan:

      The landlord is not required to respond to a request to terminate early. Of course, it isn't a good business practice to ignore your tenants but failing to do so in the situation you describe has no immediate legal consequence. You might be thinking of the requirement to respond in an assignment request and the implications for failure to respond to the "general" request. Whether that might be useful--you could look at the requirements of "Assignment". I do have a blog article on the topic but there is lots of information on the LTB website as well. A failure to respond in that context gives you a legal right to terminate though probably not on the timeline you are seeking.

      It sounds to me that you have already made the ultimate decision about your tenancy and that it is ending December 31 because you are moving out regardless. On that basis, you need to simply make yourself ready for possible legal action by the landlord (so that you have the strongest possible defence). For the move out day you need to make it very clear that possession of your rental unit has been returned to the landlord. A key turnover and acknowledgement of that is the strongest evidence. Repeated emails advising that you are leaving Dec 31 is also good evidence. You want it to be crystal clear that possession has been returned and that the landlord can't feign ignorance.

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    2. Beyond that, you want lots of pictures of the premises, video perhaps, and you want to highlight the problems in the place. You also want to keep all of your evidence proving complaints to the landlord about these issues. Your strongest defence to any claim by the landlord will be that the premises were not fit for habitation, breached laws, and that because of that you were legally justified in terminating the tenancy. It is a fundamental breach argument allowing you to terminate the tenancy agreement. Note that such an argument is not the first stop in a landlord and tenant relationship. Once you move out, the landlords only legal recourse is the Small Claims Court (or higher level if above $25K). You will need to be able to put forward a compelling case to the Judge that you were justified in terminating the lease and walking away from it. In this context, the landlord's failure to respond to numerous maintenance requests, there being serious maintenance issues, no vital service of heat, etc. etc., is very strong. That being said, make sure you have the evidence to prove these allegations with more than just your say so. By-law inspecting is great as that should generate a third party report from someone who will not be considered to have a bias. Having similar such reports from others--would also be helpful. For instance, if there is no heat--why? Perhaps an inspection from an HVAC person with a written report would be great to get. If, for example, you get the HVAC person in and they say---in a report all the things that are wrong then that is great evidence. If the report indicates that the furnace is unsafe, or heaven forbid gets red-tagged, it is good evidence to establish that the premises are not fit for habitation.

      Note, in deciding how to do this, when you are on a month to month you have an obligation to provide 60 days written notice to the end of term. Where notice is short, the RTA does extend that notice to the first lawful date. Makes you wonder if the landlord is really going to take legal action to chase you for what is a maximum of 2 to 3 months rent.

      Lastly, collect evidence of the condition of the premises as a whole when you move out. Photos, etc., and think of this from a perspective of defending yourself against fictional claims from the landlord. Often enough tenants get ambushed after vacating with allegations of having caused damage to the house. Inviting the landlord to do a move out inspection--before you vacate--is a good idea. State that you want to go through he house to identify anything he thinks you might be responsible for. If the landlord does that with you--great---sign off a sheet of paper when that is done. If he just ignores you--that too is favourable for you should he later make allegations when you are gone.

      Good luck. You view on the tenant applications you could bring are all fine--you just need to decide if you want the hassle. Keep in mind the 1 year limit on asserting claims under the RTA (1 year from the breach--not from the end of the tenancy).

      Michael K. E. Thiele
      www.ottawalawyers.com

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  5. Hi Michael,
    As tenants, we were given a N12 notice with the purchaser indicating they are reclaiming our rental unit. If we end our tenancy early with the N9, are we entitled to the rent we've already paid on our last month's rent?
    Thanks!

    ReplyDelete
    Replies
    1. HI: The simple answer is "yes". Once you lawfully terminate your tenancy you are required to pay rent up to the date of the lawfully terminated date. Any rent that is prepaid (i.e. rent you paid for the current month) or the last month's rent deposit (plus interest), must be returned to you without deduction. The landlord does not get to keep any of this money as a "bonus" or "penalty" etc..

      Michael K.E. Thiele
      www.ottawalawyers.com

      Delete
  6. Hi Michael,

    Thanks for all of your informative posts. I have a question regarding a couple (unmarried and not together long enough to be considered common law) who now want to separate.

    My partner and I signed a lease together and unfortunately we are now choosing to go our separate ways. We've been living together in a rental unit for about 6 months (the original term is for a year) and both of our names are on the lease. She would like to move out and I would like to stay in the unit by myself. I am willing to take on the entire financial responsibility alone. My question is this- if I notify the landlord that my partner is moving out, could the landlord evict me on the basis that we were originally approved for the unit based on our combined incomes and both of our credit scores?

    Thanks!

    ReplyDelete
    Replies
    1. Hi:

      The separation from your partner and your partner moving out is not grounds for termination of the tenancy even if, as you explain, the unit was rented to you both on your combined incomes and credit scores. The landlord can not evict you for this.

      Please be aware, however, that your partner's moving out does not mean that her liability comes to an end. She is still on the lease. If you default on the rent that landlord could serve you with a Notice of Termination for Non-Payment of Rent and proceed to get an order for the money and eviction against you. Then, if you are difficult to collect from the landlord could sue your former partner and still co-tenant on the lease for the money. A quirk in the law does not allow the landlord to get an order against your former partner after she vacates the unit at the Landlord and Tenant Board (must proceed to Small Claims).

      If the end of your relationship is friendly enough your former partner may be fine to leave and simply trust you to meet the obligations under the lease (rent, no damage, etc.). If she is not so understanding then there is a bit of a problem. She does not have the right to remove her name from the lease--the landlord can simply say no. The tenancy is still ongoing and there is no right to terminate the lease before the expiry of the term. If you were both leaving you might look to assign the lease or the landlord might make a deal to break the lease and re-rent or you would simply breach and trigger the landlord's duty to mitigate losses. I suppose in your situation you could (presuming your partner wants her name off the lease) ask the landlord to assign the lease from you and your partner to just you. You would have to "qualify" on your own for the apartment and if approved then your former partners liability would end with the assignment of the lease to you.

      Good luck
      Michael K. E. Thiele
      www.ottawalawyers.com

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  7. Can a landlord demand additional payments once they have signed an N11, with no financial penalties or conditions listed or discussed prior to signing the N11 form? I provided sufficient notice (>60 days) and we signed the N11 with a date fixed to end the lease. A new tenant has been secured, and will move in immediately after the unit is vacated, there is no unoccupied periods in which the landlord is not collecting rent. I am now being told I am to pay a penalty for breaking the lease and being threatened legally. Is there any validity to this matter?

    ReplyDelete
    Replies
    1. Hi: A signed N11 is an agreement to terminate. It is signed by the landlord and the tenant. Once signed, the tenancy ends on the agreed upon date. No penalty or demands for more. On the facts you provide, even without an N11 there is no liability for ongoing rent beyond the date you are moving out because the landlord has mitigated losses by re-renting the unit for immediately after you have vacated.

      On the facts you've provided the landlord's demand is nonsense. It is so silly in fact--I wonder if you've omitted anything pertinent?

      Michael K. E. Thiele
      www.ottawalawyers.com

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    2. That's it that all. Scare tactics!

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  8. Hi Michael. I signed the lease agreement together with another tenant. My life has become miserable in the sense that I am no more free. I stay out of the apartment and only gets in to sleep just to avoid her screams and taunts. I requested the landlord for me to assign the lease either to the other tenant or to allow me to find someone else. and he refused of letting me go. What would you suggest in my situation?

    Regards.

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    Replies
    1. Hi Ayana:

      I am sorry to hear this. If your situation is "miserable" due to anything approaching illegality consider contacting the police and making a report. Is this potentially a matter of domestic violence? I ask simply because there are special rules for domestic violence and rules related to terminate of such tenancies. If you wish to research this, you can read the "law" at this link which you will need to cut and paste into your browser:

      https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html?autocompleteStr=reside&autocompletePos=1#sec47.1subsec1

      The section is 47.1 of the Residential Tenancies Act.

      If this is not a domestic violence situation then the termination provisions set out in this section do not apply to you. If inapplicable, put a comment back up and I can write something about the problem from the perspective of two roommates who simply don't get along.

      Michael K. E. Thiele
      www.ottawalawyers.com

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  9. I have started a tenancy and signed lease (has start date but no end date, no landlord information or landlord signature) on May 1st 2019. Now I want to move out, can I simply give 6. days notice and leave? or I am on 1 year lease even if my lease doesn't have end date on it. Thank you for you response.

    ReplyDelete
    Replies
    1. Hi: For a definitive answer it is necessary to see the lease document. However, assuming you are describing it accurately and you're not missing anything then it is entirely possible that you are on a month to month tenancy. It is not uncommon for written leases to be month to month and there isn't anything illegal about starting a tenancy on the basis of it being month to month. Residential Landlord and Tenant leases can be written, oral, or implied. Each have equal weight and it is possible that a lease is a mixture of all three. While Ontario has a new standard form lease that is required to be used, the failure to use the standard form lease does not void a tenancy agreement---meaning, written, oral, implied leases are still legally binding.

      Your description makes one wonder if the lease is just poorly filled out. Missing information and no signatures--it makes one wonder if the written lease was properly completed. Also possible, there were likely multiple copies (you kept one, the landlord kept another)--is the landlord's copy the same as yours? If you asked the landlord right now, would the landlord say you are month to month or on a fixed term of one year? What was your expectation when you got the lease document? Did you think you had a one year lease but now that you are wanting to leave you are finding the absence of dates convenient? In my view, if this got before the LTB the adjudicator would want to know the answers to these questions. The lease, all by itself, would not settle the question.

      So, all that being said. If you are month to month then you may indeed terminate the lease on 60 days notice to the end of term. Your 60 days needs to end on the last day of a rental period (usually the day before rent is due). Hence, if you gave notice today (November 5), the earliest legal termination date would be January 31. It is a minimum 60 days to the end of term. You should also use the N9 Notice Form to give proper legal notice. That form is available on the LTB website.

      Michael K. E. Thiele
      www.ottawalawyers.com

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    2. Well it was our general understanding that it is one year lease but never really discussed this. We asked about subletting and he said I have to find him someone suitable to sign a new 1 year lease and I will not get refund for my last month. He is kind of legally harassing us. I sent him the lease via email which has start date but no end date or landlord information at all. Please provide your knowledge in this situation.

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    3. Hi: Your first sentence "Well it was our general understanding that it is a one year lease but never really discussed this.", is problematic. If your general understanding that it is a one year lease matches the landlord's evidence that this is a one year lease then I think it is open to the Board to determine that this is a one year lease. As previously indicated, the document you have seems incomplete and I think it is questionable (from what you've said) whether the written document reflects the actual agreement. That being said, if by saying "never really discussed this" means you didn't really think about the length of the lease at all and in retrospect you are recalling what you think you must have thought--then arguably the length of the lease is unspecified. If unspecified and not a part of the negotiations then the paper is the best evidence of intentions and from what you describe a month to month tenancy is what you have. To terminate a month to month tenancy you use a form N9 and follow the instructions on that form.

      With respect to assignment (not sublet--as your landlord instructs), you would only be assigning the lease as it exists at the time of the assignment. You don't have to get a new tenant to sign a one year lease. This is not how it works. If you have a one year lease and there are 4 months left on the term then the assignee takes the lease with 4 months left plus the right to go month to month at the expiry of the term.

      Lastly, if terminating is your goal and it seems that the landlord is going to give you a hard time then you should become familiar with section 12.1 and section 47.0.1. These are the provisions dealing with the new standard form lease. You have the right to demand that lease and following through on whether the landlord delivers a copy and/or whether you refuse to sign that lease, you can be in a position to terminate the tenancy on notice (60 days).

      Good luck
      Michael Thiele
      www.ottawalawyers.com

      Michael K. E. Thiele
      www.ottawalawyers.com

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IMPORTANT NOTICE

Any answers provided are intended to reflect the Law of Ontario, Canada. The answers are not legal advice and no one should rely on the answers provided as legal advice. The answers are intended to be general information about Ontario Law and are the personal view of the author based on the limited facts provided to the author. The answers may not be legally accurate and may indeed be contrary to the law of Ontario. Answers and conclusions drawn may have been different if facts had been shared that have not been disclosed in the comment/question. This blog is intended to assist people in learning about Ontario Landlord and Tenant Law. However, if you have actual legal problems this blog should under no circumstances replace proper legal advice obtained by retaining a lawyer or licensed paralegal to advise you. Nothing in this blog, comments submitted or answers provided, gives rise to a solicitor and client relationship. Comments are published as submitted and commenters should be aware that if they identify themselves in a comment that their identity will become public upon the comment being published. Comments that have been published may be deleted upon request to the author.

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