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What can happen if I move without giving proper notice?
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What can happen if I move without giving proper notice?
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Housing Law - Moving out
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Ministry of Government and Consumer Services
Ministry of the Attorney General
Centre for Equality Rights in Accommodation (CERA)
Federation of Metro Tenants' Associations
CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
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What can happen if I move without giving proper notice?
Reviewed:
August 31, 2015
Answer
If you do not give proper notice and do not take any other steps to end your tenancy, your tenancy might continue for a period of time after you move out. This means you could owe rent for that time.
In this situation, your landlord must try to find a new tenant. Once a new tenant rents the place, your tenancy will end and you will not be responsible for more rent.
If your landlord is not able to rent the place, there are rules that limit how much rent you will owe.
1. Make sure your landlord looks for a new tenant
The law says your landlord must try to find a new tenant as soon as possible. You might want to make sure your landlord knows this.
You might also want to check to see if they are trying to find a new tenant. Sometimes a landlord will keep a waiting list of people who want to rent in the building. Your landlord could use this list to find a new tenant.
If there is no waiting list, your landlord should at least put a "for rent" or "vacancy" sign at the front of the building and advertise in a newspaper or online.
You can try to make it easier for your landlord to find a new tenant. For example, you can make sure your landlord knows when you will be moving, even if you cannot give proper notice. It is a good idea to put this in writing to your landlord and keep a copy for yourself.
It can even be a good idea to offer to help find a new tenant. For example, you might know someone who is interested in renting the place, or you might have ways of telling more people about it, such as on social media.
It is not your responsibility to help your landlord find a new tenant quickly but it can benefit you if that happens. At the very least, make sure that you do not do anything that makes it harder to find a new tenant.
If your landlord cannot rent the place, the next two Steps tell you how to figure out when your tenancy will legally end. You are not responsible for the rent after that date.
Reviewed:
August 2015
2. Figure out when your tenancy ends if you gave a notice that was not legal
If you gave your landlord notice that you were moving out but your notice was not legal, your tenancy will end on the earliest date that it could have ended if you had given a legal notice that day.
To figure out the earliest termination date you could have used, check the notice requirements for your type of tenancy: monthly tenancy, weekly or daily tenancy, or fixed-term tenancy.
Example 1:
You are a month-to-month tenant. On February 5, you gave your landlord a notice saying your tenancy would end on March 31. This is less than the required 60 days, so the notice can't end your tenancy on March 31.
On the day you gave notice, February 5, the earliest termination date you could have used was April 30. So your tenancy will end on April 30 and you are not responsible for rent after that date.
Example 2:
You are a month-to-month tenant. On May 2, you gave your landlord a notice with a termination date of July 1. That is 60 days' notice but July 1 is not a valid termination date because it is not the last day of a tenancy period. The previous day, June 30, is the last day of a tenancy period, but May 2 was too late to give notice for June 30, because it is only 59 days before.
When you gave notice on May 2, the earliest termination date you could have used was July 31. So your tenancy will end on July 31 and you are not responsible for rent after that date.
Example 3:
You have a 2-year lease that ends on August 31, 2015. On January 20, 2015 you gave your landlord a notice that you were leaving on March 31, 2015. This is more than 60 days, and March 31 is the last day of a rental period – but the notice is still not valid. This is because a 2-year lease is a fixed-term tenancy and March 31 is before the end of the term.
When you gave notice on January 20, the earliest termination date you could have used was the last day of the fixed term, August 31. So it is possible you could be responsible for the rent for that long - but only if your landlord really cannot find a new tenant.
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Reviewed:
August 2015
3. Figure out when your tenancy ends if you gave no notice
If you did not give any notice at all, your tenancy will end on the earliest date that it could have ended if you had given a proper notice on the day your landlord found out you had moved.
To figure out the earliest termination date you could have used, check the notice requirements for your type of tenancy: monthly tenancy, weekly or daily tenancy, or fixed-term tenancy.
Example 1:
You are month-to-month tenant. You move out on March 31 without giving your landlord any notice. Your landlord doesn't find out until April 6, when the superintendent comes to ask for the rent. If you had given notice on April 6, the earliest <span class="ylr-glossary-term">termination</span> date you could have used was June 30. So your tenancy will end on June 30 and you are not responsible for rent after that date.
Example 2:
You have a 2-year lease that ends on August 31, 2015. You moved out on March 31, 2015 without giving your landlord any notice. Your landlord found out on March 31 when you returned your keys to the building office. On that date you could have given a notice for May 31 – if you did not have a 2-year lease.
If you had given notice on March 31, the earliest termination date you could have used was the last day of the fixed term, August 31. So it is possible you could be responsible for the rent for that long - but only if your landlord is truly unable to re-rent the place to a new tenant.
You May Also Need
Landlord and Tenant Board (LTB)
Reviewed:
August 2015
4. Defend yourself if the landlord demands payment
If you move out without giving proper notice, your landlord might try to get you to pay rent for some time after you moved. You might get a letter or a phone call from the landlord, a lawyer, a paralegal, or a collection agency. Or you might get a legal notice called a Plaintiff's Claim if the landlord decides to sue you in Small Claims Court.
You may not agree with the amount your landlord is asking you to pay. If you have followed the previous steps, you might have information to help you defend yourself. For example, the landlord might be asking for rent for the time after your tenancy legally ended or a new tenant moved in. Or you might be able to show that your landlord didn't try very hard to find a new tenant.
If a collection agency has contacted you, learn about your rights and the rules the collection agency must follow.
If you are being sued in Small Claims Court, read the Plaintiff's Claim carefully to see what the deadline is for you to file a Defence. Find out how the court's process works.
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Ministry of the Attorney General
Small Claims Court
Reviewed:
August 2015