If you want to end your lease and move, you must either: Hello Tom:Wow, lots of questions here. I will give a clear answer, but each of these problems could be a separate chapter. Although this is not the intended purpose of the ATR, a tenant could break a fixed-term tenancy agreement by incentiving the lessor to terminate. If a tenant is on a fixed term (or month to month) and the tenant wishes to move with a minimum of advertising, the tenant could not pay rent and send an N4. This N4 will terminate the lease prematurely and a tenant could effectively evacuate the unit in accordance with the N4 (or be evacuated by an LTB procedure). What seems “unfair” above is that the tenant can apparently benefit from his own breach of contract. How is it appropriate for one party to intentionally violate, benefit from and cause harm (financial damage) to the other party? Here you will find case law that emphasizes precisely this point and makes tenants responsible for the losses they have suffered. However, you will also find case law that determines a tenant`s liability based on the termination date in the N4 or the termination of the LTB order. That second view is the most current view, and I think it reflects the current state of the law. The RTA has a number of sections that support the interpretation that a tenant`s liability ends (for rent, loss of rent, unit turnover costs) when a landlord decides to terminate a lease of an N4 (or other notice of termination).
The alternative to serving an N4 is NOT to terminate the lease, but to “continue” only for rent arrears. You can do this with LTB by filing an L9 application. This will give you an order for rent arrears, but it does not end the lease. The tenant retains the right to remain in possession because the lease continues. All rent arrears paid in an L9 application can NEVER be used to support an evacuation. It is therefore very important to determine whether an order for arrears can be executed without eviction. Otherwise, you have a nice piece of paper (i.e. ordering for rent arrears) that is unrecoverable and is still in the possession of a tenant.
Ontario does not allow rent, interest or other penalties to be collected. These are strictly prohibited by the RTA and there are no exceptions. Any contrary lease clause is null and private in accordance with Section 4 of the RTA. The N4 has no option for late charges or other damages, as these are prohibited royalties. There is an exception for NSF fees for cheques struck (these, which are limited by the settlement, can be refunded). Although a late rental decision has interest on the court price, this amount is generally much lower than the actual interest expense borne by a lessor. I know that the above answers may discourage you. I`ll remind you that I`m just the messenger! Michael K. E. Thielewww.ottawalawyers.com This brochure does not talk about how your landlord can end your rent. You will find more information on this topic in the brochure: How an owner can terminate a rental agreement.
If a tenant wishes to retire permanently before the end of his lease, he can request the transfer of the tenancy agreement to a new tenant. This means that all rights and obligations will be transferred to the new tenant. Hello: The Rental Act offers you the possibility of “allocation” or “sublet” as an option if you do not want to continue in rent and “communication” is not a reasonable option because of the length of the period until the end of the term.