Real Estate

Breaking a rental as a tenant by sending an N9

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  • Oct 28th, 2019 9:24 am
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[OP]
Sr. Member
Sep 4, 2006
960 posts
594 upvotes
Ottawa

Breaking a rental as a tenant by sending an N9

Just looking to make sure I have my bases covered. Hypothetically...

Rented a condo in April, one year term. Living situation changed late August. Don't need the condo, haven't lived there for two months. Emailed the owner Oct 4 and 5th looking to end lease or sublet. No response. Emailed again this week, asked to end lease Dec 31st or Assign unit. Owner finally responded, said NO to end, agreed to Assign process.

Since they didn't initially respond within seven days to the initial email from Oct 4th, am I safe to simply send the N9 form, pay Nov rent, they keep my "last month" for Dec, and I'm done? I'm assuming send by "signature required" post or courier?
9 replies
[OP]
Sr. Member
Sep 4, 2006
960 posts
594 upvotes
Ottawa
One more question. Looking at the N9 form, it seems that the notice period might not matter, if I'm reading this correctly:

"• The termination date can be earlier than the last day of a fixed term tenancy (but still must be the last day of a rental period) if the tenant is giving this notice because:
• the tenancy agreement was entered into on or after April 30, 2018,


Does this simply mean that the lease can be terminated with 60 days notice because it was signed in April 2019?

Thanks for thoughts and input.
Deal Addict
Jan 17, 2006
2179 posts
2289 upvotes
Toronto
jayoldschool wrote: One more question. Looking at the N9 form, it seems that the notice period might not matter, if I'm reading this correctly:

"• The termination date can be earlier than the last day of a fixed term tenancy (but still must be the last day of a rental period) if the tenant is giving this notice because:
• the tenancy agreement was entered into on or after April 30, 2018,


Does this simply mean that the lease can be terminated with 60 days notice because it was signed in April 2019?

Thanks for thoughts and input.
No it does not.
Deal Fanatic
Jul 3, 2011
5832 posts
2980 upvotes
Thornhill
The RTA sets out 2 different means of action if a landlord refuses to sublet or assign.

You wrote your first request was for a sublet - if that's so, the termination notice probably doesn't apply as you need to make a request of the tribunal where a landlord refuses to sublet and since you have no potential sublessor you might run into a problem. and our second is where you asked the LL to agree to assign, they responded within the 7 days which suggests you have no notice to terminate recourse there.


Maybe you want to now either move forward with an actual potential sublet or assignee or contact the LTB for clarification
jayoldschool wrote: Just looking to make sure I have my bases covered. Hypothetically...

Rented a condo in April, one year term. Living situation changed late August. Don't need the condo, haven't lived there for two months. Emailed the owner Oct 4 and 5th looking to end lease or sublet. No response. Emailed again this week, asked to end lease Dec 31st or Assign unit. Owner finally responded, said NO to end, agreed to Assign process.

Since they didn't initially respond within seven days to the initial email from Oct 4th, am I safe to simply send the N9 form, pay Nov rent, they keep my "last month" for Dec, and I'm done? I'm assuming send by "signature required" post or courier?
[OP]
Sr. Member
Sep 4, 2006
960 posts
594 upvotes
Ottawa
The first email sent asked to end. Not sublet. Sorry for the confusion. Second said "if no end, then sublet?" Neither was responded to for three weeks.
Deal Guru
User avatar
Mar 23, 2008
12235 posts
8644 upvotes
Edmonton
jayoldschool wrote: Just looking to make sure I have my bases covered. Hypothetically...

Rented a condo in April, one year term. Living situation changed late August. Don't need the condo, haven't lived there for two months. Emailed the owner Oct 4 and 5th looking to end lease or sublet. No response. Emailed again this week, asked to end lease Dec 31st or Assign unit. Owner finally responded, said NO to end, agreed to Assign process.

Since they didn't initially respond within seven days to the initial email from Oct 4th, am I safe to simply send the N9 form, pay Nov rent, they keep my "last month" for Dec, and I'm done? I'm assuming send by "signature required" post or courier?
You really should talk to the LTB about this. Sending an e-mail and asking "Hey, can I do this or that?" may not be "official" enough to count for the 7 days; e-mail notice is not always considered "service". Things get lost in people's e-mail accounts, and it wouldn't be fair to penalize the landlord that way (IMHO).

If it is considered enough, then you have to give 30 days notice. If you gave notice on Oct 31, then your final day could be November 30, and your "last month's rent" would be consumed in November (so you wouldn't have to pay). So it would pay for you to get a proper answer to your question this week. But it does look like you might have to apply to get a ruling on your situation to do that, so hang on to your proof of attempting to get approval, and apply soon.

C
Deal Addict
User avatar
Mar 23, 2003
4378 posts
1109 upvotes
Hamilton
Why not advertise it on Kijiji and see if you can assign it?
Might be easier than you think.
Unless the price / location don't coincide.
Deal Addict
Nov 13, 2013
2702 posts
1403 upvotes
Ottawa
CNeufeld wrote: You really should talk to the LTB about this. Sending an e-mail and asking "Hey, can I do this or that?" may not be "official" enough to count for the 7 days; e-mail notice is not always considered "service". Things get lost in people's e-mail accounts, and it wouldn't be fair to penalize the landlord that way (IMHO).

If it is considered enough, then you have to give 30 days notice. If you gave notice on Oct 31, then your final day could be November 30, and your "last month's rent" would be consumed in November (so you wouldn't have to pay). So it would pay for you to get a proper answer to your question this week. But it does look like you might have to apply to get a ruling on your situation to do that, so hang on to your proof of attempting to get approval, and apply soon.

C
They will very much err on the side of the tenant and probably agree to any kind of request. This is a very easy "trick" to get out of leases. Even property managers aren't always aware of how quick a response is required.
[OP]
Sr. Member
Sep 4, 2006
960 posts
594 upvotes
Ottawa
Thanks guys, appreciate the advice. Our realtor is friends/associates with theirs, so he'll talk to them to see what can be worked out.

I'll talk to the LTB, too.

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