TRANSCRIPT: N11- Agreement to End the Tenancy
Introduction
Welcome to Landlord’s Self-Help Centre’s module about Form N11, agreement to end the tenancy. The information offered in this presentation is intended as general information, it is not legal advice. If you need more information, please contact a legal service provider.
Residential Tenancies Act, 2006
In Ontario, the Residential Tenancies Act (the Act) is the provincial law that governs most residential rental agreements. It defines the rights and responsibilities of both landlords and tenants and outlines appropriate reasons for giving a notice of termination.
The Act gives tenants security of tenancy which means that a tenant can continue to occupy the rental unit until:
- The landlord gives notice to end the tenancy for a reason allowed by the Act;
- The tenant gives notice to end the tenancy; or
- The landlord and tenant agree to terminate the tenancy together.
Important information
A tenant cannot be forced to sign an agreement to end the tenancy. This must be a mutual agreement between the landlord and tenant. There does not have to be a reason for termination, and there is no specific time requirement for the termination date, it can be set for any date the parties agree on.
If an agreement to end the tenancy is signed at the same time the tenancy is entered into, the agreement to end the tenancy is void and the landlord cannot rely on it.
Should an agreement to end the tenancy be in writing?
To avoid confusion about what was agreed upon, it is recommended that an agreement to end a tenancy is put in writing on the Landlord and Tenant Board Form N11.
What should the agreement include?
A valid agreement to end the tenancy must include:
- The name of the landlords and tenants,
- Address of the rental unit,
- The date the tenancy will end, and
- Signature of all parties.
Joint tenancies
In the case of a joint tenancy, to completely end the tenancy, all joint tenants would have to sign the agreement. An agreement to end the tenancy would not be enforceable unless all joint tenants sign it and agree to leave. Otherwise, the tenancy continues with the remaining tenants.
When is an agreement to end the tenancy used?
An agreement to end the tenancy can be used to break a lease, end the tenancy when there is a breakdown in the landlord and tenant relationship, and in situations where it’s the best option for all parties involved.
Form N11- Agreement to End the Tenancy
This is what the Landlord and Tenant Board form looks like. Make sure to only fill out what the form is asking for. Do not write anything in the blank space on page 2 or you risk having your form questioned at a Landlord and Tenant Board hearing.
Names & Address
When listing the tenants, include names of those who are identified on your tenancy agreement as tenants, or in the case of verbal tenancies, include names of only those who have been paying the rent. If your tenant uses a nickname, include both their legal name and their nickname.
If you have a joint tenancy (2 or more tenants together on one agreement), and they all want to end the tenancy, make sure to include all their names on the form. The same applies with landlords, include the full name of all landlords for a rental unit.
It is very important for the address of the rental unit to include the full address and specify exactly where the tenant is living, such as the main floor, basement or unit number if there is one.
Termination Date
When signing an agreement to end the tenancy, no specific time period is needed; the parties can decide on a date that is most convenient for them.
Important Information from the Landlord and Tenant Board
Always make sure to read and understand the entire form. This is a legal document and it should be reviewed before you sign it.
Signature
All parties must sign to show their agreement. In this example there are two tenants and one landlord. All three must sign the N11 in order for the form to be valid.
If there are 2 joint tenants, both can be listed in the same signature section and they can each sign in the box provided. The other option is to print 2 copies of the second page and have each tenant sign separately with the landlord.
The date next to the signature is the date this form is being signed.
What happens to a lease when there is an agreement to end the tenancy?
If an agreement to end the tenancy is successful and the tenant(s) moves out by the agreed date, the tenant(s) only owes rent up until the termination date. The landlord cannot go after the tenant(s) for loss of rent after that date.
When is an agreement considered to be invalid?
An agreement to end the tenancy is invalid if it was signed at the same time the tenancy was entered into, or it was a condition of the tenancy. It is also considered invalid if the tenant can prove they were coerced into signing it.
It is important to note that an agreement to end the tenancy becomes void 30 days after the termination date if the tenant hasn’t moved out and the landlord has not filed with the Landlord and Tenant Board.
What are the benefits of an agreement to end the tenancy?
An agreement to end the tenancy is beneficial as it is the easiest and fastest way to end a tenancy, and there are no costs or time spent at the Landlord and Tenant Board if the tenant signs the N11 and moves out by the agreed date.
What if the tenant does not move out?
The landlord can apply to the Landlord and Tenant Board to get an eviction order in cases where the tenant changes their mind after signing the agreement and refuses to move out, or the landlord is uncertain of the tenant’s intention to honour the agreement. This is why written agreements are so important.
The application can be filed as soon as the N11 is signed, BUT it must be filed with the Board no later than 30 days after the termination date indicated in the agreement or else it expires.
Next Steps
The landlord can wait to see if the tenant will leave by the agreed date, or file the L3 application with the Landlord and Tenant Board right away if they are not sure whether the tenant will honour the agreement.
Usually, the Board will issue an order without holding a hearing. However, if the agreement has not been filled out properly or things have been added, they may schedule a hearing to get clarification.
Gather information & educate yourself
It is very important that you do your research to make sure this process is appropriate for your situation.
Use resources found on the Landlord and Tenant Board, and Landlord’s Self-Help Centres websites to help guide you through the proper process.
The Landlord and Tenant Board website has links to instructions for many of their notices and applications, so make sure to read through them and use them to help fill out the forms.
Conclusion
Thank you for watching this module about Form N11, agreement to end the tenancy. The information offered in this presentation is intended as general information, it is not legal advice. If you have a specific issue or situation, please contact a legal service provider.