Question 1

What is the landlord's duty to mitigate?

Accepted Answer

In most Canadian provinces, landlords are legally required to make reasonable efforts to find a new tenant when a tenant breaks their lease. They cannot simply let the unit sit empty and bill the departing tenant for all remaining rent. If they fail to mitigate, their damages claim is reduced accordingly.

Question 2

Can a lease have a break fee or penalty clause?

Accepted Answer

Some leases include early termination fees. In most provinces, if the fee is a genuine pre-estimate of the landlord's loss, it may be enforceable — but it cannot exceed the landlord's actual damages, which are reduced by their duty to mitigate. Excessive penalty clauses are often void.

Question 3

What is the proper way to break a lease in Ontario?

Accepted Answer

In Ontario, submit Form N9 (Tenant's Notice to Terminate the Tenancy) to your landlord at least 60 days before the end of a rental period. Continue paying rent until the termination date. The landlord must try to re-rent — if they do, your obligation ends when the new tenant takes over.

Question 4

Can I sublet instead of breaking the lease?

Accepted Answer

Yes, subletting is often a better option than breaking the lease. In Ontario, landlords cannot unreasonably refuse a sublet request. In BC, landlords must consent but cannot unreasonably withhold it. Subletting keeps you on the lease but transfers day-to-day occupation.

Question 5

What happens if I just stop paying rent and leave?

Accepted Answer

This is risky. The landlord can pursue you for unpaid rent and damages, and it will likely harm your rental history. It's better to follow the formal process, give proper notice, and document everything in writing.

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