What You Need to Know Before Breaking the Lease
2 min read.
In a standard lease agreement, once the initial one-year lease period concludes, the lease automatically converts to a month-to-month arrangement. However, should you find yourself still within the first-year agreement and contemplating breaking the lease, it is crucial to cover all of your basis.
Below are 8 things you need to consider when breaking your lease agreement.
1. Thoroughly Review Your Lease Agreement: Carefully read your lease agreement to understand the terms and conditions associated with breaking the lease. Look for any clauses that mention early termination, penalties, or notice requirements. This will give you a clear understanding of your rights and obligations.
2. Understand the Consequences: Breaking a lease typically incurs financial and legal consequences. You may be required to pay a penalty or forfeit your security deposit. Landlord may take legal action to recover any outstanding rent or damages. It is essential to consider these potential costs before making a decision.
3. Communicate with Your Landlord: It is important to have open and honest communication with your landlord or property manager. Let them know about your circumstances and your intention to break the lease. They might be open to negotiations or alternative arrangements, such as finding a new tenant or permitting subletting.
4. Check Local Laws and Regulations: Familiarize yourself with the local laws and regulations regarding lease terminations. Some jurisdictions have specific rules that protect tenants' rights, such as allowing lease termination due to specific circumstances like job relocation or severe property issues.
5. Provide Written Notice: If you decide to break the lease, providing a minimum of 60days written notice to your landlord is required. Remember that the termination date cannot be earlier than the last day of the fixed term. You can utilize the Agreement to Terminate a Tenancy (Form N11) or simply draft a termination agreement addressed to your landlord.
6. Assist in Mitigating Damages: In many jurisdictions, landlords have a legal duty to mitigate their damages by making reasonable efforts to find a new tenant. You can assist in this process by helping to find a replacement tenant or by suggesting marketing strategies to your landlord.
7. Document the Condition of the Property: Before moving out, document the condition of the property through photographs or a written description. This can help protect you from unfounded claims of damages and can be used as evidence if a dispute arises.
8. Seek Legal Advice If Necessary: If you are unsure about your rights, obligations, or potential liabilities, it's advisable to seek legal advice from a professional, such as a lawyer or a tenant rights organization. They can provide guidance based on the specific laws in your jurisdiction.
Remember, breaking a lease should be a last resort when all other options have been exhausted. It is important to approach the situation responsibly and consider the potential consequences before taking any action.
References
Amponsah, V. (2022, August 16). How to break your lease early. Oduraa Legal Services. https://www.oduraalegalservices.ca/blog/how-to-break-your-lease-early
LTB: Brochure: How a tenant can end their tenancy. Tribunals Ontario. (n.d.). https://tribunalsontario.ca/documents/ltb/Brochures/How%20a%20Tenant%20Can%20End%20Their%20Tenancy%20(EN).html#:~:text=You%20must%20give%20your%20landlord,at%20least%2028%20days%27%20notice
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