Real Estate

2-ppl on Rental Lease, now 1-person moving out - Does this void the current lease?

  • Last Updated:
  • Jan 29th, 2021 4:12 pm
[OP]
Deal Addict
Nov 23, 2008
4981 posts
1606 upvotes

2-ppl on Rental Lease, now 1-person moving out - Does this void the current lease?

I'm in Toronto.

I have had a couple rent my place for a few years.
Now, one partner has indicated she will be leaving, but the other partner will be staying (another casualty of covid? I know - not my business!)

My question is: does this void the current lease? (both their names were listed on the original lease)

Am I legally obligated to continue with the remaining partner at the same rate and all the same conditions, but under a new lease with only that partner's name ?
Or do I treat this as an entirely new lease with this new partner?

When there were 2 partners, I felt their combined income and financials were sufficient for the lease application. What if I judge the single remaining partner to be financially incapable of the rent?
2 replies
Deal Guru
User avatar
Mar 23, 2008
12097 posts
8401 upvotes
Edmonton
SomeOtherDude wrote: I'm in Toronto.

I have had a couple rent my place for a few years.
Now, one partner has indicated she will be leaving, but the other partner will be staying (another casualty of covid? I know - not my business!)

My question is: does this void the current lease? (both their names were listed on the original lease)

Am I legally obligated to continue with the remaining partner at the same rate and all the same conditions, but under a new lease with only that partner's name ?
Or do I treat this as an entirely new lease with this new partner?

When there were 2 partners, I felt their combined income and financials were sufficient for the lease application. What if I judge the single remaining partner to be financially incapable of the rent?
It can be complicated, and depend on the contract you had with the tenants (and possibly their relationship) and what notice you've been given. You may want to consider talking to a lawyer or paralegal familiar with RTA issues. But terminating a lease agreement because you THINK they may not be able to afford it now is likely not an option.
https://www.thestar.com/news/gta/2019/0 ... leave.html

This thread has a number of links that you may find useful:
ontario-landlord-tenant-question-co-ten ... s-2277526/
And here's another one:
co-tenant-leaving-end-lease-2294272/#p31103471

https://tribunalsontario.ca/documents/l ... ncies.html

You'll want to do some reading on "tenancy in common" and "joint tenancy".

If they were considered spouses, then you may want to look into the N11 form, which basically forces the remaining tenant to declare their intentions of staying or leaving. Again, it's not up to you as the landlord to determine that, since evicting based on your feelings isn't a valid reason.

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