Leases are a binding contract between a tenant and a landlord and breaking a lease is a breach of this contract. Despite this breach, you may find yourself with a valid reason for needing to break your lease – such as moving to another city.
If you are in this situation, we want to help you try to avoid – or at least minimize- penalties from your landlord. The best way for you to do this is to:
- Familiarize yourself with your province’s necessary legal requirements to terminate a lease.
- Know whether you have a “Fixed” or “Periodic” term lease. A Fixed Term is a lease with a specified end, while a Periodic Term is a lease that runs month-to-month, week-to-week or other pre-determined time.
- Be sure to provide your landlord with as much notice as possible.
- Wherever permissible offer to help finding a replacement tenant.
Each province has different regulations pertaining to leases or tenant agreements, and how to cancel a lease.
Newfoundland / Labrador
- In the case of a term tenancy, the tenancy can be terminated at the end of the term by providing two months written notice.
- If a term lease is not renewed and notice is not given, the tenancy converts to a month-to-month term.
- In the case of a periodic tenancy (i.e., month-to-month), you must give one month’s written notice to terminate the arrangement.
- The security deposit plus interest must be returned to you within 15 days of moving out or the landlord may apply to the Residential Tenancy Section to retain some or all of the deposit.
- Subletting is permitted but there may be charges for expenses incurred for the sublet or assignment.
For additional details, you can also refer to Newfoundland & Labrador’s rental board website.
Department of Government Services —
Consumer & Commercial Affairs Branch
Consumer Affairs Division
Residential Tenancies Section
P.O. Box 8700
5 Mews Place
St. John’s, Newfoundland
Tel.: 709-729-2610, 709-729-2608 or 709-729-5829
See Web site for all office locations.
Also check out our article How to cancel my lease that deals with detailed steps to follow.