How we can get out of a Tenancy Agreement

How we can get out of a Tenancy Agreement?

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Whether you’re an owner or a renter, there’re a lot of reasons you may want to get out a tenancy agreement. A tenant may need to terminate his lease to vacate his apartment before the date agreed upon when signing the lease. Maybe he wants to move to work or other personal reasons. If you’re a landlord, then you may want to sell his abode. If the accommodation becomes unfit for habitation, the tenant and the owner can also request the termination of the lease. So, there can be any of the reasons. Understanding the rights and obligations of ending your tenancy is essential.  Let’s discuss how you can get out a tenancy agreement.

What is a lease termination?

Termination is the closure of the lease signed between the tenant and the owner (landlord). It can be happened at any time during the tenancy, but only in situations permitted by law.

To legally vacate rental accommodation, a landlord or tenant must necessarily terminate their lease by following specific rules. Impossible to escape with all his belongings, the owner would have the right to turn against him. The “rental notice”, from its small name, must take a certain form. Moreover, respect a specific deadline depending on the type of lease and the situation.

Lease Termination by the owner (rent)

Reasons

Unlike the tenant, who does not have to justify his departure from a rental, the owner can only terminate the lease in one of the following cases:

  • The owner takes over the accommodation to live there or to lodge a relative (leave to live);
  • The owner sells the accommodation (leave to sell);
  • There is a severe and legitimate reason for not renewing the lease.

Prior notice

Time

The landlord can give six months’ notice at the expiry of the current lease term.

Expulsion

If the tenant currently does not want to vacate, the landlord will have to initiate legal proceedings to validate leave. In this way, he can obtain the eviction of the tenant.

End of Tenancy Agreement by the Renter

Reasons

  • When the tenant has to leave his accommodation due to special needs.
  • In certain situations, the law allows a tenant who has special needs to leave their accommodation:
  • The tenant leaves his accommodation to go and live in low-rent housing.

A tenant is an older person who will live permanently in a place of accommodation. A lodging where nursing care or personal assistance services are offered, for example:

  • A long-term care accommodation center (CHSLD);
  • A supervised apartment or a group residence;
  • A private seniors’ residence.
  • The tenant has a disability that does not allow him to continue to stay in the same place;

If you are not in any of the expected situations

  • You can terminate your lease before its term legally by entering into an agreement with the owner. If you reach an agreement, it is advisable to have your landlord sign a document confirming:
  • His agreement;
  • The new end date of the lease; and
  • Any other relevant details.
  • You can also sublet your accommodation or assign your lease.

However, in the case of sublet:

  • You must inform your landlord; and
  • Attest the name and contact details of the person to whom you want to sublet your accommodation or assign your lease.

You can only end a tenancy agreement early if you:

  • Your agreement has a break clause
  • You negotiate with the owner to end up your contract

Break Clause

Your tenancy agreement may have an option that you can move out by giving notice. This option is called a break clause.

Try to negotiate an early departure without proposing anything

The owner may accept a tenant leaves the rented accommodation before the end of the notice. If the latter finds him another tenant, or if he himself has already found a replacement.

To protect yourself, I recommend you that request a written confirmation of permission from the owner and the apartment or house you’re renting.

If you just decide to leave with your stuff…

The lease is terminated when a tenant leaves without reason by taking his belongings.

Warning! The tenant could be held responsible, among other things:

  • Paying the rent until the landlord finds a new tenant;
  • He may have caused the damage to the apartment.

The owner can contact the solicitor to obtain a judgment against this tenant.

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