Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
While the tenancy continues, the terms of the original tenancy remain the same. Therefore, you cannot set a new rent (or increase above the guideline) unless the tenancy ends and the original tenant moves out. For the tenancy to end, the tenant would have to physically leave, or you would have to enforce the notice she gave you by filing an L3 application to terminate the tenancy with the Landlord and Tenant Board. You would likely get a termination order if her original notice contains the required elements. If a Tenant intends to end the tenancy, it is best practice to get a signed N9 which is a Tenant’s Notice to End the Tenancy. Please see our fact sheet on ending a tenancy here: https://landlordselfhelp.com/media/2024-Ending-a-Tenancy.pdf
A tenant telling you via text message simply stating that they plan to move out is not sufficient legal notice under the Residential Tenancies Act. Proper notice is required in written form to end a tenancy, it must provided with at least 60 days’ notice and must be the last day of the rental period. We strongly suggest requesting a signed N9 if your tenant mentions terminating the tenancy.
A tenant should vacate at the end of the rental period or fixed term. A tenant must provide at least 60 days notice (form N9) terminating at the end of the rental period or fixed term.
If the tenant has given an N9 notice to vacate and does not move out according to their notice, you will have to file an application with the Landlord and Tenant Board to get an eviction order based on the notice they gave you. This process can take a few weeks before you recover possession of the rental unit. To apply to the Board based on the notice given by the tenant you will need to submit an L3 Application and a Declaration form. These forms can be obtained from the Board’s website at https://tribunalsontario.ca/ltb/forms/
If the tenants want to leave, there is nothing you can do to stop them. However, if they decide to move out early, they are breaking the lease. Under Ontario’s Residential Tenancies Act, although a tenant who signs a fixed-term lease is technically responsible for the full term, this responsibility is not automatically enforced when a tenant decides to leave early. Once the landlord receives notice that the tenant intends to vacate, the landlord has a legal duty to try and mitigate any loss by listing the unit for rent, marketing it at a reasonable market rate, and conducting showings. If the landlord can re-rent the unit and does not suffer an actual financial loss, no claim will be awarded against the tenant despite the broken lease. However, if the tenant interferes with mitigation efforts such as refusing entry or blocking showings and prevents the unit from being re-rented, the landlord may be entitled to recover rent losses for the period up to when the unit is eventually rented. The Landlord and Tenant Board will only award compensation for proven losses and will assess both the landlord’s mitigation efforts and the tenant’s cooperation. Upon deciding to leave, the Tenants also have the right to assign their lease to someone else with your approval. For more information on assignment of tenancy please refer to the our Fact Sheet on this issue, https://landlordselfhelp.com/media/2024-Subletting-and-Assignment.pdf
While we strongly recommend using an N11 for mutual agreements to terminate a tenancy, an agreement to end a tenancy under the RTA does not have to be on a Board-approved form to be valid or binding. If there is a written agreement that clearly shows both the landlord and all tenants agreed to end tenancy, includes the names of the parties, the address of the rental unit, a clear termination date, and is signed and dated by all parties, the LTB may treat it as a valid agreement to terminate the tenancy, even if it is not on the official LTB form. That said, using a non-Board approved form carries risks. The Board will closely examine whether the agreement was clear, voluntary, and unambiguous, and whether the tenant understood they were giving up their right to continue the tenancy. Any uncertainty, pressure or missing detail can result in the document being rejected. For this reason, while a signed written agreement can be enforceable, the most reliable practice is always to use the Board-approved N11- Agreement to End the Tenancy Form. The prescribed form is available on the LTB website at https://tribunalsontario.ca/ltb/forms/.
When a tenant breaks a lease, the landlord has an obligation to mitigate their losses and try to re-rent the unit as soon as possible. Landlords can file an L10 application to collect rent arrears and/or compensation that you believe the former tenant owes you with the LTB within one year from the date the tenant moved out of the rental unit. However, to file this application with the LTB, you will have to find out their new residential address to be able to serve them unless you have consent to email service in the lease agreement and can prove that the email came to the attention of the former tenant.
If your tenant plans on moving out and owes you rent, you should confirm the termination of tenancy in writing while protecting your right to collect the money owed. Ask the Tenant to give proper written notice using an N9 Form to confirm the move-out date. At, the same time, while the Tenant is still in the unit, file an L9 application with the Landlord Tenant Board to claim the unpaid rent. If you wait until the Tenant vacates the unit, you will have to file an L10 application. Once you have obtained an order from LTB, you may then enforce it through Small Claims.
You cannot remove the tenant’s belongings if the tenant fails to move out as a result of her notice of termination. If she gave you written notice (N9 form) including at least 60 days, signed, identifying the unit’s address, terminating at the end of a rental period, and they failed to vacate, you can file an application with the Landlord and Tenant Board to obtain an eviction order called an L3 Application. The application and instructions for the L3 Application can be found on the Landlord and Tenant Board website at https://tribunalsontario.ca/ltb/forms/. A landlord should not sign a new lease with new tenants until the old tenants are no longer in possession of the unit. The new tenants who are supposed to move in will not be able to do so. As a result they can file an application against you at the Landlord and Tenant Board.
Notice to terminate a tenancy given by email is not considered proper notice. You should insist that they give you notice on the proper N9 form. Form N9 must be at least 60 days notice from the date it is served to the landlord and terminate on the last day of the rental period or fixed term.
Unfortunately, landlords do not have control as to who is living in the unit, and the tenant is not obliged to provide any information about their roommates or guests either.
You are not required to draft up a new rental agreement as the original tenancy continues with the remaining tenant. The tenant is not obligated to sign a new rental agreement either.
As for increasing the rent, you cannot increase the rent based on new people residing in the unit. You can only increase the rent legally by providing a proper 90 day notice on the prescribed form (N1) every twelve months for sitting tenants and following the guideline amount.
Under the Residential Tenancies Act, 2006 (RTA), there is no automatic penalty or “lease‑breaker fee” that a landlord can charge.
When a tenant ends a fixed-term (on-year) lease early, the landlord has a legal duty to mitigate their losses. This means the landlord must make reasonable efforts to re-rent the unit as soon as possible. A landlord cannot simply leave the unit vacant and continue charging the former tenant.
If the landlord suffers financial losses, such as unpaid rent for the period the unit was vacant after the tenant moved out, or reasonable advertising costs to re-rent the unit, the landlord may be able to claim those losses. To recover these amounts, the landlord must apply to the Landlord and Tenant Board (LTB) by filing an L10 – Application to Collect Money a Former Tenant Owes. This application must be filed within 1 year of the date the tenant vacated the unit. To file the L10 application, the landlord must be able to properly serve the former Tenant. This generally requires the tenant’s new residential address, unless the tenant has consented to service of documents via email in writing. The L10 form is available on the LTB website: https://tribunalsontario.ca/ltb/forms/.