If you want to move out
This section explains what rules you need to follow if you want to move out. If you move out without following these rules, you might owe your landlord more rent.
If you need information because your landlord wants to evict you and you want to stay, see Eviction.
If your lease has expired
If your rental agreement is for a fixed period of time, for example, a one-year lease, your landlord might give you a form to sign saying that you must choose between renewing your lease or moving out. But you do not have to choose either of these. If you do not choose either of them, your rental agreement automatically continues on a month-to-month basis.
Sometimes this can be helpful, for example, if you know you want to stay past the end of the lease but you are not sure you want to stay for another full year.
But this also means that if you do want to move out when your lease expires, you must still give proper notice or take one of the other steps explained in this section.
Damage
When you move out, make sure your place is reasonably clean and not damaged.
If you think your landlord might try to make you pay for repairs or cleaning, make sure you have proof that you left your apartment in good shape. You could do this by taking pictures of your place when you move out. Or, you could have someone look at your place just before you leave.
Your landlord could sue you if your place is damaged. And, your landlord will probably not give you a good reference when you are looking for a new place to live.
If you paid a security deposit when your tenancy started, your landlord is not allowed to keep it to pay for damage. Your landlord can use your deposit only to cover the rent for the last rental period before your tenancy ends. That is why security deposits are sometimes called last month's rent deposits or LMR.
Ending your tenancy
To protect yourself from owing more rent after you move out, you must end your tenancy properly by doing one of the following:
The term "tenancy" means your legal right to live in your place. Usually this right comes from an agreement between you and your landlord. This agreement might be called a rental agreement, lease, or tenancy agreement. Whether it is written down or not, it is a contract between you and your landlord and both of you must follow it.
- give your landlord notice,
- make an agreement with your landlord,
- sublet or assign your place to a new tenant,
- apply to the Landlord and Tenant Board to end your tenancy.
You might owe your landlord more rent, if you move without proper notice.