# Tenant Breaking Lease Early Situations



## speedboxx

I am curious on the various situation in which tenants may request to break a lease early. Some of the wording in the Alberta Residential Tenancies Act is a bit confusing so I would like some clarification. It seems to indicate that the tenant has to give X days notice (depending on the length of the lease) on their intent to end the lease early. 

If the tenant does not formally serve notice, or notices the landlord with a shorter time frame than as per the act, would a fee be typically be charged? And if so, what is the nature of those fees? I am assuming liquidated damages do not apply for residential leases. If the landlord does their due diligence in quickly renting out the unit with no overlap, would the tenant be automatically allowed to break the lease without additional consequences? Also, if the unit is not rented out by the time the tenant leaves, then I am assuming they are liable for rent until a new tenant is found. 

How have you guys typically handled these situations if they arise? It would seem to me that it would not be wise to forcefully keep a tenant if they wish to leave as they could possible do more damage than the rent/security deposit they owe. 

Some thoughts and experiences with this would be great. Thanks!


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## Just a Guy

The rules vary province to province. In most places, the landlord can claim expenses required to refill the unit which includes lost rent, advertising fees, damages, cleaning, etc.

In Alberta, the landlord is legally entitled to ALL of the remaining rent if he can't replace you.

http://www.landlordandtenant.org/movingoutfaq/endingtenancy.aspx?id=993

I don't think I'd personally try to enforce that, as it would obviously lead to a fight and it's not hard to find tenants these days, but you could easily keep the damage deposit assuming they leave the place nice. See what you can negotiate.

Simplest solution is to write a termination clause into your lease...just make sure it's legal in your province. In Ontario for example, they can leave penalty free with 60 days notice.


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## peterk

Another point in favour of renting in my books.

A common arguement from house buyers is "well you have to sign a lease for a year anyways so it's not like you can just walk away if you're renting." In reality, for most intents and purposes, you can. Just give 30 or 60 days notice and you're done.


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## atrp2biz

Landlord always has a duty to mitigate damages of an early termination. Here in Calgary, if you can't rent out your property, you aren't trying hard enough (if at all).

When we bought (closed last week actually), we terminated our lease three months early. Actually, our landlord and I agreed to just execute a new lease with the new termination date. I agreed to give $150 for advertising expenses and other costs. I thought it was more than fair.


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## Rusty O'Toole

A lease is a contract. A contract that is binding on BOTH sides. A landlord can't kick a tenant out who is not in violation of a lease, and a tenant cannot unilaterally end a lease.

In other words, the tenant is bound by the lease and must pay the rent whether they like it or not, and whether they live there or not.

In such cases I used to bend over backwards to help a tenant out, by renting the apartment or house for them. But never got a thank you, or even an offer to pay my out of pocket expenses for advertising, never mind my own time and labor.

Now I say you go ahead and advertise and find a tenant, and they can take over your lease IF I approve of them, on the same terms I would any tenant.

Otherwise you will be held to your promise.


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## Just a Guy

Glad to see that there are still people who think contracts mean something...

Of course reality tends to see things differently...

Plus there are laws that will trump your contract.


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## RBull

Just a Guy said:


> Glad to see that there are still people who think contracts mean something...
> *
> Of course reality tends to see things differently...*
> 
> *Plus there are laws that will trump your contract*.


My experience as a landlord as well.


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## MrMatt

RBull said:


> My experience as a landlord as well.


You should talk to other landlords, but I'd say.

It's hard to collect from tenants, no matter what you're "owed" they likely won't pay.

The courts (boards/tribunals etc) will require you minimize your damages, and they don't like landlords. Politicians like landlords even less (read the rental laws, they must hate landlords).

You should try to negotiate a "early lease termination" amount, but I wouldn't hold my breath.
Best bet is to work with them to get it rented out to a new tenant ASAP.


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## RBull

MrMatt said:


> You should talk to other landlords, but I'd say.
> 
> It's hard to collect from tenants, no matter what you're "owed" they likely won't pay.
> 
> The courts (boards/tribunals etc) will require you minimize your damages, and they don't like landlords. Politicians like landlords even less (read the rental laws, they must hate landlords).
> 
> You should try to negotiate a "early lease termination" amount, but I wouldn't hold my breath.
> Best bet is to work with them to get it rented out to a new tenant ASAP.


Thanks, but you're trying to advise the advised. I am also no longer a landlord. Laws are too skewed in tenants favour.


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## chaudi

If the tenant paid all the rent for the time they were there, didn't break anything, didn't threaten to break you, treated you okay. Then as they, 'ADIOS!"


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