Assign to a new tenant

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Housing Law - Moving out
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Landlord and Tenant Board (LTB)
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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How can I get out of my rental agreement?
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Assign to a new tenant

Another legal way to move out early is to assign your place to a new tenant.

Assigning means that the new tenant replaces you and takes over your rental agreement. The amount of rent and all other details of the agreement stay the same. You are not responsible if the new tenant causes damage or owes rent. But when you assign, you do not have the right to move back in later.

You must ask your landlord for permission to assign. It is best to ask in writing and keep a copy of your request. Your landlord must answer within 7 days.

If your landlord agrees to let you assign, they are allowed to charge you a fee. The fee can't be more than your landlord had to spend on things like a credit check, and advertising if the landlord found the new tenant.

Your landlord can refuse to let you assign to a particular person if there is a good reason. For example, if the person caused problems for a landlord in the past, such as damaging property or not paying rent.

If your landlord won't let you assign to anyone

If your landlord won't let you assign at all or does not give you an answer within 7 days, you can move out with 30 days' notice.

To do this, give your landlord a Tenant's Notice to Terminate the Tenancy (Form N9) no later than 30 days after you asked for permission to assign.

In this situation, the usual rules about the timing of your notice do not apply. You can choose any termination date, as long as it is at least 30 days after the day you give your landlord the notice.

You can mail or fax the notice, or give it to your landlord in person. You can also give the notice to your landlord's agent. An agent can be someone who works for your landlord, for example, the superintendent or someone who works in the property manager's office.

NOTE: If you mail the notice you must do this 5 days before the day you need to give it to your landlord.

Exceptions

You might not have a right to assign if you live in

  • subsidized housing
  • a superintendent's unit
  • housing provided by a school where you work or are a student

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Reviewed: August 31, 2015

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