Ontario Landlord Guide › Can a tenant break a lease early in Ontario?

Can a tenant break a lease early in Ontario?

Last updated October 24, 2026 · Written for small Ontario landlords

Short answer: Not on their own. A tenancy ends only in the ways the Residential Tenancies Act allows (s. 37(1)), and a tenant's notice on a fixed-term lease can't take effect before the last day of the term (s. 44(4)). The legal ways out early are: you both agree to end it (s. 37(3), usually on an N11), the tenant assigns the lease to someone else with your consent (s. 95), or, if you refuse all assignments or don't answer a request within 7 days, the tenant can end it with 30 days' notice (ss. 95(4) and 96). A tenant who fears sexual or domestic violence and abuse can end it on 28 days' notice with an N15 (s. 47.1).

Official source: Residential Tenancies Act, 2006, ss. 37, 44, 47.1, 95 and 96 (ontario.ca/laws) · Last checked Oct 2026

This covers units under the Residential Tenancies Act (RTA). If your renter shares your kitchen or bathroom and you live there, the Act doesn't apply; see renting rooms in your home.

The tenant's options, and yours

Route	How it works	Section
Wait for the end of the term	The tenant gives an N9 at least 60 days before the last day of the lease, effective on that day.	s. 44(4), s. 47
Agree to end it early	You and the tenant agree on a date. No notice is needed. The LTB says an oral agreement can work but a written one is best, usually Form N11.	s. 37(3); LTB guide
Assign the lease	A new person takes over the lease on the same terms, with your consent. The new tenant is responsible for the period after the assignment.	s. 95(1), (8)
You refuse all assignments, or don't answer in 7 days	The tenant can give notice within 30 days of the request. The end date must be at least the shorter of the normal notice period and 30 days.	s. 95(4), s. 96
Sublet	Someone else lives there for a while and the tenant comes back before the tenancy ends. It needs your consent, which you can't arbitrarily or unreasonably withhold.	s. 97; LTB guide
Fear of sexual or domestic violence and abuse	At least 28 days' notice on Form N15, with the LTB tenant statement or a qualifying court order.	s. 47.1
Care home tenant	At least 30 days' written notice.	LTB guide

How to handle an assignment request

This is where landlords most often get it wrong. If the tenant asks in general whether they can assign, you can say yes or no (s. 95(2)). If they name a person, you can consent, refuse that person, or refuse all assignments (s. 95(3)). The catch is that refusing all assignments, or not answering within 7 days, gives the tenant the right to end the lease on short notice (s. 95(4)).

Answer in writing within 7 days of the request, and keep a copy.
If you consent in principle, you can still screen the person they bring. You can refuse a specific assignee, but not arbitrarily or unreasonably (s. 95(5), (6)). Screen them the way you would any applicant; see our tenant screening guide.
Charge only reasonable out-of-pocket costs for giving consent to a named assignee (s. 95(7)).
Some tenants can't assign or sublet, for example a superintendent or a tenant in subsidized, public or non-profit housing, according to the LTB's guide.
A tenant who thinks you refused unreasonably can apply to the LTB within one year (s. 98). The LTB's application form for this is the A2.

If the tenant just leaves

If a tenant moves out without a valid notice and without an agreement, the LTB works out the rent owing by a set rule. If they gave a notice that didn't follow the Act, rent is owed up to the earliest end date a proper notice given that day could have set (s. 88(1), para. 1). If they gave no notice, the same test runs from the day you knew or ought to have known they had left (s. 88(1), para. 2). On a fixed-term lease that is usually the end of the term.

Two limits cut that down. If you sign a lease with a new tenant, the old tenant owes rent only up to the day the new tenant can move in (s. 88(3)). And the LTB considers whether you took reasonable steps to re-rent and reduce your loss (ss. 88(4) and 16). To claim money a former tenant owes, use an L10 within one year after they moved out (s. 87(1.1)). If belongings were left behind, see our abandoned unit guide.

Worked example

A one-year lease runs from Monday, June 1, 2026 to Monday, May 31, 2027. Rent is $2,000 a month. On Monday, November 2, 2026, the tenant emails that they've taken a job out of town and will leave on Thursday, December 31, 2026.

Their email isn't a valid notice for December 31. On a fixed-term lease, the earliest end date a proper notice could set is May 31, 2027 (s. 44(4)).
If you agree to December 31, sign an N11 with that date. The tenancy ends then and you can re-rent from January 1.
If they ask to assign and you reply on Tuesday, November 3 that you won't allow any assignment, they can give notice within 30 days of the request, so by Wednesday, December 2, 2026. A notice given on November 3 can end the tenancy as early as Thursday, December 3, 2026, 30 days later (s. 96(2)).
If you don't answer at all, the 7 days run out on Monday, November 9, 2026, with the same result.
If they just leave on December 31 and you do nothing, the starting point is rent to May 31, 2027, five months or $10,000 (s. 88(1), para. 1). If you advertise right away and a new tenant can move in on Monday, February 1, 2027, the most the old tenant owes for that period is January's $2,000 (s. 88(3)). Leaving the unit empty and claiming the full five months risks the LTB reducing the claim (s. 88(4)).

Where the toolkit helps: The toolkit's LTB-Ready Evidence Pack includes a communication log, so the tenant's request, your written answer and every message after it are written down with a date, and the rent and expense tracker logs every payment with the amount due and the date paid. See what is inside the $19 toolkit

If the tenant gives an N15

The end date must be at least 28 days after the notice, and it doesn't have to be the last day of a rental period or of the lease (s. 47.1(3); N15 form). The notice comes with either the LTB's tenant statement or a copy of a qualifying court order issued within the last 90 days (s. 47.1(4)). You must keep the notice and everything in it confidential, with narrow exceptions (s. 47.4). The N15 form also says you can't advertise the unit in a way that identifies it, or show it, until the tenant has moved out. In a joint tenancy, the tenancy continues for any co-tenant who didn't sign the notice, according to the N15 form.

Mistakes to avoid

Refusing every assignment by reflex. It opens the 30-day exit (s. 95(4)). Consent in principle and screen the person instead.
Ignoring the request. Seven days of silence has the same effect as a refusal.
Charging a "lease break fee" for consent. For an assignment to a named person you can charge only reasonable out-of-pocket costs (s. 95(7)).
Leaving the unit empty and billing the full term. You have to take reasonable steps to re-rent (s. 16).
Agreeing on the phone and nothing else. Put the agreed date on an N11 so there's no argument later. An N11 signed at move-in as a condition of renting is void (s. 37(5)).
Asking about or sharing an N15. Keep it confidential (s. 47.4).

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 24, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.