How Ontario Tenants Can Easily & Legally Break Your Lease In 2020!
Unsurprisingly, this news has been kept silent by those in power. It simply shakes the apple cart too much.
Because of the hard work of Tenants we finally have some new changes that are fair and promote justice for Tenants.
All the law-abiding landlords out there will support this post because it's just explaining the rules and laws to help tenants, just as landlords help each other.
Landlords Can't Lock Tenants In To Fixed Term Leases
In April 2017 we saw the provincial government finally listen to our concerns and they created the Rental Fairness Act which makes changes to the Residential Tenancies Act.
Now landlords can't collect arrears for rent due or damages once Tenants receive a "Termination Notice".
You can see in the Residential Tenancies Act, Section 37, that states that once the landlord gives the Tenant a notice of termination, the tenancy ends of that date of termination the landlord put in the notice.
Previously there was confusion over tenants "leaving' could somehow be liable for the remaining lease months or damages. We used to argue over this all the time at the old now defunct Federation of Metro Tenants Association forum.
NOW THE RULES ARE CRYSTAL CLEAR!
With the Rental Fairness Act we finally get some real clear facts on once the Tenant gets the termination date, you break your lease:
134(1.1) No landlord shall, directly or indirectly, with respect to any rental unit, collect or require or attempt to collect or require from a former tenant of the rental unit any amount of money purporting to be rent in respect of,
(a) any period after the tenancy has terminated and the tenant has vacated the rental unit; or
(b) any period after the tenant’s interest in the tenancy has terminated and the tenant has vacated the rental unit. 2017, c. 13, s. 24 (2).
What Does This Mean For Tenants? It Means You Can Get Out of Your Lease Easily and Legally
The best thing that all Ontario Tenants should know is this gives you an easy way to break your lease.
And landlords cannot go after you in small claims court or the Landlord and Tenant Board for breaking the lease, because it's landlords who told YOU TO MOVE.
For example you might want to move because the landlord is a jerk, or the neighbours are noisy or smoking, or maybe you found a nicer or cheaper place. You are no longer "locked in" like a slave.
How Can Tenants Break a Fixed Term Lease Under the New Rules?
Remember, if the landlord gives you a notice with a "termination date" of "do this or the tenancy ends" you can just....don't do what they say...and break the lease!
"Pay By This Date Or Move Out"...Ok, just move out and it's terminated!
What's the Best Way For Tenants To Break A Fixed Term Lease?
There are lots of ways now! Sure it's a little bit sneaky but Tenants have to do what have to do to survive in this unfair situation.
(1) Don't Pay Rent and Get the N4
Probably the best way to break the lease is just don't pay rent. The landlord will give you an N4 'Pay Up or Be Evicted Notice' with a termination date. The termination date will usually be 15 days after they give the notice. Since they are the ones who want to terminate the lease you just don't pay and agree with them...and there is nothing the landlord can do! Again, here's how it works.
Step 1 - Rent is Due
Step 2 - You Don't Pay Rent
Step 3 - The landlord wants your money so will give you N4 Notice to End The Tenancy For Non-Payment of Rent
Step 4 - The N4 says: "Pay this amount by.... (This is called the termination date) or Move Out By the Termination Date
Step 5 - Just move out at the termination date and the lease is broken and you are home free!!
(2) Make Some Disturbances and Get the N5
Make lots of noise and the landlord will probably give you an N5 Notice to End Your Tenancy For Interfering With Others, Damage or Overcrowding. It will have a termination date and then you get out of it. I am giving you this notice because I want to end your tenancy. I want you to move out of your rental unit by the following termination date _____
Step 1: Make Noise, Damages or Overcrowd the rental
Step 2: The Landlord Will Give You an N5
Step 3. The N5 Will Have A Termination Date
Step 4 On or Before the Termination Date..........just move out by the termination date and you are home free!!
Try not to bother other Tenants so much, but noise, smoking or these types of things will lead to an N5 and then you can leave free and in peace for a better, cheaper apartment.
Try to talk with other tenants so if you are making noise or going to smoke or flood the place, they can complain quickly to the landlord get get the N5 process going fast without really creating any trouble for your fellow Tenants.
Being Able To Break Fixed Term Leases Easily Is the First Step in Creating a Better Rental Industry - Especially When It's The Landlord Telling You To "Obey or Get Out"...So Get Out!
No landlords can't serve us legal documents without consequences for themselves...meaning WE CAN JUST LEAVE!
Things are still really unfair. But I want to make sure Tenants are at least aware how the new rules make it okay to break fixed term leases. I'll write more later on and hope other Tenants and fair-minded landlords can make positive contributions here.
It's Time For Real Fairness For Ontario Tenants
Let's work together and finally create a fair playing field for Ontario Tenants. I know many of you will be amazed at my first contribution and there will be many more to come because it's time for FAIRNESS.
