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Should I try to get evicted if I want to get out of my lease?

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Should I try to get evicted if I want to get out of my lease?
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Centre for Equality Rights in Accommodation (CERA)
Federation of Metro Tenants' Associations

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Should I try to get evicted if I want to get out of my lease?
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Reviewed: 
August 31, 2015
Answer

Sometimes tenants who want to leave on short notice or before the end of their lease think about trying to get evicted.

For example, they might have loud parties, or stop paying rent, hoping the landlord will give them an eviction notice. They hope that if they move out by the termination date on their landlord's notice, they will not be responsible for paying rent after that date.

But there are possible problems with that plan.

No eviction

Your landlord might choose not to give you an eviction notice. Your landlord could just apply to the Landlord and Tenant Board for an order to make you pay the rent or pay for any damage you or your guests caused.

Getting sued

Even if your landlord evicts you, they might still want you to pay their expenses of looking for another tenant or to pay for lost rent if they cannot find another tenant right away. Your landlord could sue you for this in Small Claims Court after you move out.

The law is not clear about this kind of situation. A judge might decide you must pay if they think you got evicted on purpose in order to get out of your responsibilities. But your landlord must prove that they tried to find another tenant as quickly as possible.

Bad credit report

Your landlord could report your overdue rent to a credit reporting agency. This can affect your credit rating and make it harder in the future for you to rent a place or get a loan.

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