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Moving out

Introduction

The Residential Tenancies Act (RTA) is the law that applies to rental housing in Ontario. The RTA sets out the rights and responsibilities of landlords and people who rent where they live. The Landlord and Tenant Board (LTB) is a government organization that enforces the RTA.

As a tenant, you have four ways of ending your tenancy:

  1. Give your landlord proper legal notice - usually two months.
  2. Reach an agreement with your landlord to let you move out early.
  3. Sublet or assign the rental unit to a new tenant.
  4. Apply to the LTB to end the tenancy because of a problem with your rental unit or landlord.

Your landlord cannot force you to move out early without an order from the LTB.

Assigning and Subletting

  • Assigning - you have the right to assign your lease to another person who takes over your lease .
  • Assigning ends your legal relationship with your landlord, so you are no longer responsible for future rental payments to your landlord.
  • Subletting - you have the right to sublet your rental unit to another person who moves into and rents your unit. You may move back in at a later date. You have not ended your relationship with your landlord.
  • If you sublet, you are still responsible for making sure the rent gets paid.
  • If you sublet, you are still responsible for any damage done while you are gone.
  • You have the right to end your lease early by giving 30 days' written notice if:
    • your landlord doesn't respond within 7 days to your request to assign or sublet.
    • your landlord refuses to let you assign or sublet without a good reason.
  • You have the right to assign or sublet without giving notice to your landlord. But the landlord can evict the new tenant as an "unauthorized occupant". You are then still legally responsible for any rent.
  • If your landlord unreasonably refuses to let you assign or sublet, you can apply to the LTB with a Form A2 - Application About a Sublet or an Assignment.

Learn more

  1. Decide if your problem relates to moving out.
  2. Read Frequently Asked Questions (FAQs) to learn more about your rights and the law.
  3. Follow the Steps for instructions on starting a legal process to solve your problem.
  4. Review the Resources to find new and in-depth legal information about your problem.
  5. See the Links for news and other helpful websites.

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DisclaimerLast updated 07/30/2009