Breaking a lease as a tenant
Last updated on December 7, 2023Tenancies can end when a tenant has a fixed term for their tenancy and decides to move out early. This is called breaking the lease. Find out what happens when a tenant breaks a lease.
On this page
- Giving notice on fixed-term tenancies
- Alternatives to breaking a lease
- Giving notice on month-to-month tenancies
- I need help
Giving notice on fixed-term tenancies
A fixed-term agreement is a legal contract for a pre-set amount of time. Ending the fixed-term tenancy early will break the agreement or break the lease.
In this case, the tenant may owe the landlord money. For example, if a tenant has a one-year lease and moves out after two months, their landlord can apply for 10 months' rent as compensation. See RTB Policy Guideline 3 – Claims for Rent and Damages for Loss of Rent for more information.
Most fixed-term tenancies convert to month-to-month tenancies at the end of the term. If you plan to move out at the end of the term rather than continuing your tenancy, you must give one month's notice in writing before the day your rent is due.
Give your landlord a signed and dated letter following Residential Tenancy Act: Section 52. You must include:
- Your name and signature
- Address of the rental unit
- Move-out date
A tenant ending a fixed-term tenancy early must give notice in writing (not by text messaging or social media). You can serve the notice by email if your landlord has provided an email address to be used for service.
A tenant must move out by 1 p.m. on the last day of the tenancy (usually the last day of the month). A landlord and tenant may agree on another time or date – as long as it’s in writing and signed by both parties.
If your fixed-term tenancy agreement has a vacate clause
A landlord can include a vacate clause in a fixed-term tenancy agreement to require the tenant to vacate the rental unit at the end of the fixed term.
A vacate clause can only be included in the tenancy agreement if:
- The landlord, or a close family member of the landlord, will personally occupy the rental unit at the end of the term
- The tenancy agreement is a sublease agreement
If your fixed-term tenancy agreement has a liquidated damages clause
A landlord can include a liquidated damages clause in a tenancy agreement to protect against losses or damages if the agreement is breached. An arbitrator will consider the circumstances at the time the contract was signed to determine whether the sum is a penalty or liquidated damages. See the RTB Policy Guideline 4: Liquidated damages clause for more information.
Alternatives to breaking a lease
Breaking a lease should be viewed as a last resort. A tenant should consider the following alternatives before illegally ending a fixed-term tenancy agreement:
- Sublet or assignment
- Breach of material term
- Family violence and long-term care
- Mutual agreement to end tenancy
Giving notice on month-to-month tenancies
If you have a month-to-month agreement you can end your tenancy by giving one month's notice in writing. You must give the notice before the day your rent is due.
For example, if you pay rent on the first day of the month and want to move out by May 31st, you must give your landlord notice on or before April 30th.