# Terminating a Lease



## monokitty (Jan 26, 2002)

Hi guys,

Need some advice. I'm stuck in a single-year lease apartment here in Halifax; this usually wouldn't be a problem, until I end up with a new job in Toronto. My current lease doesn't end until close to this time (take a few months) next year. My best option is to sublet the unit over the remaining months, which I am attempting to do. However, in case no interest happens, and I move before my current place is subletted out, is there any other legal way to get out of a lease? I read through all the clauses and agreements for my building, and no where does it state that a lease can be terminated early for work-related moves or purposes. Short of begging my landlord, what else can I do? Paying rent in both locations would bankrupt me in a month, especially since Toronto rent is hardly 'cheap.' Ultimately, I'm hoping the few people who did see my place will decide to rent it (any one of them), but if not, I need a serious backup plan. I never would have agreed to a 1-year lease, either, had I had a month-to-month lease option, which apparently landlords are unwilling to agree to.


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## JumboJones (Feb 21, 2001)

We ran into this problem when we bought a house and there was no way around it. Best thing to do is find a sublet, and even still they are subject to credit approval. We were lucky because we caught them renovating the apartment before our lease was up and we didn't have to pay.

How many bedrooms is it? One bedrooms are dogs and hard to move for anyone even for landlords so don't expect any help from them, especially if there are vacant apartments. Why would he get rid of yours before a vacant one when you are signed into a lease? If worst comes to worst try reduced rates to lure a sublet at least you wont be out of all the rent.


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## martman (May 5, 2005)

This is mean to the landlord but you can just skip out on the lease and hope the landlord doesn't sue. Lawsuits are expensive and time consuming and most landlords will just let it slide. This can be very bad on the credit rating however...


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## mrjimmy (Nov 8, 2003)

> This can be very bad on the credit rating however...


I believe the only way they can place a negative credit report in your file is with a rental tribunal/ court ruling. If it nevers goes to a hearing they can do nothing to affect your credit.

_Not that you should do this..._


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## Jacklar (Jul 23, 2005)

in a jam could you not just sublet the apartment quite cheap for the remaining months? It'd be a ding towards you but if you offered 1/4 off rent or something for those remaining months it might help move it faster.


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## moonsocket (Apr 1, 2002)

Hey Lars

HAlifax landlords are the worst ive ever seen for getting out of leases/getting back damage deposits. The rental board might be of some help if you call them but mostly they side with the landlord. You could just tell them you're moving to Toronto and they might let you out.

You could also try posting the apartment here:
http://media.locals.ca/localsconf/viewforum.php?f=4

and the dal student housing listing. Im sure you can get rid of it by subletting easily.


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## Sonal (Oct 2, 2003)

Laws vary by province. But your best bet for getting out of a lease is to talk to the landlord and see if they will be sympathetic. And I would imagine that the earlier you do this, the better, since the landlord would have more time to find a new tenant.

Just FYI, it's actually inexpensive to get it on your credit report that you skipped out on a lease. The landlord would have to apply to the rental board/tribunal to get an order, and then (to make things a little worse for you) give that order to a collections agency.

Actually collecting the rent is trickier--it depends on the landlord's/lawyer's/collections agency's ability to find you--but I believe that once an order is in place, a collections agency can do things like garnish your wages, etc.


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## Ariell (Mar 28, 2005)

Lars

I had a similar situation when I moved from Toronto to Montreal. My lease however had a clause written in about a fee for early termination (think it was maybe $50 or $100) which I paid, found them someone new and everyone was happy.

There's nothing to be gained by keeping you there if there is someone willing to rent the place instead.

Here's my advice:
1. Talk to someone at the rental board in NS.

2. Before you go trying to find someone, talk to your landlord first. Sounds like you haven't done this yet. If you explain your situtation, they may just be willing to let you out of your lease.

3. If they agree to let you out early, make sure to get this in writing signed by the both of you, including the date you will be leaving.

4. Subletting is an option, but your name will still be on the lease and you will be responsible for anything that happens in the place. I still think you should try to find someone but try to see if your landlord will let you break your lease (offer to pay a fee if not - might help out) and start a new lease with the new person.

5. Use craigslist! Don't know if there is a craigslist in Halifax, but if so check it out. I had to sublet my place when I went to Nepal this summer. I posted my place on craigslist and got alot of great responses from people and ended up subletting to someone that I really liked and trusted.


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## BigDL (Apr 16, 2003)

*Lars*

Your only hope for a loophole with regard to breaking your lease is if you did not sign for and receive a paper copy of the Nova Scotia tenancy act. If you did not then your departure could be as quick as the door hitting your ass as you leave the "landlord's office" after you tell him/her you have moved out.

A URL to a virtual copy of the act is deemed as not receiving copy BTW.

Other than the above mentioned loophole, sub-let is probably your recourse.

But be aware in the situation of a sub-let your are still responsible to the landlord as the primary tenant and the sub-let legally becomes your tenant.

As Ariell suggested go to the tenancy board at the Access Nova Scotia Office same Office as the Registry of Motor Vehicles and Licences different section of the office from the Registry though. 

If you in the "City" or "County" on the Halifax side of the harbour go to the West End Mall Office near the Bay Store .

If you live in the "City" or County on the Dartmouth side of the harbour go the Office on Portland Street (out towards Cole Harbour.) 

Find out the necessary steps to protect your ass..sets before you enter into any agreement or arrangement.

The tenancy board cannot advocate for you but rather can guide you with regard to your position versus the law as it is written. Ask them about the loophole described above.

As pointed out on this board before do you want to take legal advice from a large orange pumpkin? Please check with the tenancy board at the Access Centre.


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## MACSPECTRUM (Oct 31, 2002)

this virtual community amazes more and more each day
some very good and varied advice
the internet can be such a powerful tool....


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## rgray (Feb 15, 2005)

Lars said:


> Short of begging my landlord, what else can I do?


So what's wrong with that? Have tried to talk to him/her about it? Most landlords are people too, and would rather things went smoothly. Further, I'd be very surprised if there wasn't some out process defined in the lease. I haven't rented for a long time but we always had a 2months notice to terminate 'back door' in our lease.


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## TroutMaskReplica (Feb 28, 2003)

just talk to your landlord.


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## Paul O'Keefe (Jun 3, 2005)

Talk to your landlord. I could imagine that a landlord would entertain a new tenant as the one could possibly raise the rent for someone new. Or maybe the landlord would just ask you to pay some sort of penalty.

Subletting may be against the terms of your lease.


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## monokitty (Jan 26, 2002)

Thanks for all the advice! I'll be meeting with the landlords / managers later on to discuss said issue.


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## PumpkinSpice (Oct 7, 2014)

Sorry to dig up this old topic but I'd really appreciate some advice on my situation. My visa was not extended so I need to leave the country. Unfortunately I'm only halfway through a 1 year lease and the landlord won't let me out. They suggested I find somebody for sublet but I don't think it would be in anybody's favour if I do that as I would potentially have hassle while I'm on another continent and they would have to deal with the mess too if it's a horrible tenant. 

Before I signed the lease I mentioned the possibility of me not having the visa extended and the resident managers told me that they usually let people off with a fine of 500 dollars. Well now with me they don't anymore. Unfortunately I don't have this on a paper. 

Another thing that just crossed my mind is that my partner (same visa situation) who is listed as tenant (cause I didn't have a job at that time) never signed the lease as he was away then. I only signed the lease and I'm not listed as tenant. Only as occupant. Is it possible that the lease is not valid and we just can get out without having to break it?


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## macintosh doctor (Mar 23, 2009)

monokitty said:


> Hi guys,
> 
> Need some advice. I'm stuck in a single-year lease apartment here in Halifax; this usually wouldn't be a problem, until I end up with a new job in Toronto. My current lease doesn't end until close to this time (take a few months) next year. My best option is to sublet the unit over the remaining months, which I am attempting to do. However, in case no interest happens, and I move before my current place is subletted out, is there any other legal way to get out of a lease? I read through all the clauses and agreements for my building, and no where does it state that a lease can be terminated early for work-related moves or purposes. Short of begging my landlord, what else can I do? Paying rent in both locations would bankrupt me in a month, especially since Toronto rent is hardly 'cheap.' Ultimately, I'm hoping the few people who did see my place will decide to rent it (any one of them), but if not, I need a serious backup plan. I never would have agreed to a 1-year lease, either, had I had a month-to-month lease option, which apparently landlords are unwilling to agree to.


I had a condo that I rented out to OPP once, they had it for 5 years. renewed every year. 
but they had to relocate.. I struck a deal with them, to pay 3 month penalty, find another tenant to fill the rest of the lease..
which they gladly did plus they found another tenant for me.. 
I was a flexible - but a contract is a contract.. 
call the landlord and mention your situation.. hopefully they will settle for 3 months penalty.. this seems to be the norm, when you close a mortgage it is normally 3 months interest penalty ..


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## Ariell (Mar 28, 2005)

If you're in Ontario, read here about early termination of a lease: Information - How a Tenant Can End a Tenancy Also, call the Landlord & Tenant Board and speak to someone about your situation. As far as I can see your only options are: 1. negotiate with your landlord. You can terminate early if they agree. Did you mention the $500 fine that was discussed when you first moved in? 2. sublet -- not ideal as you'll be out of the country and still liable for any damages. But on the other hand, realistically, is the landlord really going to contact you?? 3. assign the tenancy to another person (details on the linked page) 

I have to say that I find your situation really confusing though. So let me get this straight....you and your partner moved into a place. He had a job but was away at the time of signing the lease so didn't sign it but he is listed as a tenant. Whereas you didn't have a job and signed the lease anyway but are listed as an occupant??? Who lets someone sign a lease if they don't have a job and are not even a tenant? How can they make a lease in your partner's name if he didn't even sign? Confusing. I think your best bet is to call the Landlord & Tenant Board (or whatever it is called in the province you are if not Ontario) and explain the situation. Not sure if you are technically a tenant or not and if you're not then maybe the lease does not apply to you?? Though technically you don't need a written lease -- even a verbal one is ok -- so you may still be considered a tenant regardless of the fact that you're listed as an occupant on the lease.


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