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Moving out

There are laws that affect tenants when they move:

• how to give your landlord proper notice
• the legal ways to move out early
• what can happen if you move without following the rules about moving

The rules about moving
There are laws that apply to tenants when they move out. If you move without following the rules about moving, you could be sued by your landlord. To protect yourself when you move, you must do one of the following:

• give your landlord enough notice
• make an agreement with your landlord to end your tenancy early
• assign or sublet your place with your landlord's permission
• give notice if your landlord refuses permission to assign or sublet
• get the Ontario Rental Housing Tribunal to end your tenancy early.

Giving notice
Tenants are required to give proper notice when they want to move at the end of their tenancy. This means that you must tell your landlord in writing that you are moving. This is called a Tenant's Notice to Terminate the Tenancy (Form N9). You can get a copy of this form from the Tribunal.
It is best to use the Tribunal's form. If you write one yourself, it must have:

• the full address of the space you are moving out of
• the date you are moving
• the date you are giving the notice
• your signature

You do not need to give the reason you are moving. Make sure you keep a copy of your completed for and give the original to your landlord. If you give our landlord notice, but do not move out, your landlord can apply to the Tribunal for an eviction order right away. In this case, your landlord does not have to give you notice that they are applying to the Tribunal to evict you.

Amount of notice
The amount of notice you must give depends on the kind of tenancy agreement you have.
--If you pay your rent by the day or week, you must give at least 28 days notice.
--If you pay your rent by the month or other period, you must give at least 60 days notice.
You can give as little as 10 days notice if you want to move out after your landlord gave you a notice saying that they want to:
--live in your apartment
--convert it to another use
--make majr repairs
--renovate or demolish your apartment

How to give notice
You can mail or fax the Notice, or give it to your landlord's agent. An agent can be the superintendent, property manager or other employee of the landlord. You must make sure that your Notice is received by your landlord or their agent by the date you are supposed to give notice. If you mail your Notice, the law says you must allow an extra 5 days for your landlord to receive it. Keep a record of when you mailed it. A receipt from the post office is the best proof.