Covid-19: Tenants Can Break Your Lease in 2020 (easy and legal!)

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Robin
Posts: 172
Joined: November 8th, 2012, 6:05 pm

Covid-19: Tenants Can Break Your Lease in 2020 (easy and legal!)

#1 Unread post by Robin » January 26th, 2020, 9:35 pm

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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.
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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


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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!

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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.

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Welfare PROUD
Posts: 523
Joined: April 19th, 2018, 11:02 pm

Re: Tenants Can Break Your Lease in 2020 (easy and legal!)

#2 Unread post by Welfare PROUD » January 27th, 2020, 1:30 pm

Thank you Robin. This is a very helpful update for hard working tenants like me.

Let's take this deeper to help tenants struggling in our bad economy which is in a recession.

A good plan for tenants on a budget is:

(A) Don't pay rent on the 1st of the month. Your landlord will give you the N4 Eviction for Non-Payment form on the 2nd or whenever.

(B) When you get the N4 Eviction for Non-Payment you have "14 days to pay OR MOVE OUT". Just don't pay and don't move out.

(C) The landlord will then have to schedule a Landlord and Tenant Board Hearing Date. These takes months to schedule (and you can delay more by saying you are sick on the day of the hearing if you want to).

(D) It takes months to get a hearing date so just don't pay --- no rent = more savings for you for job training, medicine, etc.

(E) When the landlord finally gets the eviction after many, many months they will then have to order the Sheriff as they are the only ones who can change the locks. This will take more weeks/months (so still don't pay rent)

(F) At this point look for a new place to live (and you will be loaded with the all the months of not paying rent)

(G) When the Sheriff comes they have to put a "notice" on your door giving you time to move.

(H) Just move the next day.

(I) VOILA, YOU GET 5-10 MONTHS FREE RENT, AND YOUR LANDLORD IS SCREWED (AND CAN'T COLLECT A CENT!) BECAUSE THEY ARE THE ONES WHO TOLD YOU TO "MOVE OUT" INSTEAD OF BEING CIVILIZED AN GIVING YOU A BREAK BECAUSE HOUSING IS A HUMAN RIGHT!

Spread this advice to everyone you know!

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cassandra
Posts: 1660
Joined: November 26th, 2010, 7:13 pm

Re: Tenants Can Break Your Lease in 2020 (easy and legal!)

#3 Unread post by cassandra » January 28th, 2020, 10:56 pm

Very interesting thread, especially how WF has took in a new direction. So if you your rent is say $2500/month and you do this and get 10 months free it's $25,000. You do this four times what will it get you $100,000

You can:
- Pay off your student loans
- Manage to avoid getting more loans for more education
- Travel the world
- Pay for any expensive non-OHIP covered surgeries to help you and your friends and loved ones.
- Pay for someone to help if you have a child with Autism (which the Ford government laughs at!)

I guess ethically this is all okay because when you leave your landlord will just re-rent it to someone not educated and suck them dry for the monthly rent. They will always get the money back so it's ethically and morally a non-issue. :)

I hope thousands of tenants read this and learn and it's helps them somehow, someway for a better life and out of poverty.

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Barrie Renter
Posts: 791
Joined: January 5th, 2018, 8:56 pm

Re: Tenants Can Break Your Lease in 2020 (easy and legal!)

#4 Unread post by Barrie Renter » February 1st, 2020, 10:22 pm

It is really reassuring a great tenant like me can break the lease whenever I want by not paying rent (N4) or smashing stuff (N5). I will feel more happy smashing stuff and getting the N5 just because this is my nature.

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