Consequences of Abandoning Fixed-Term Tenancy

If an agreement to end the fixed term at an earlier date cannot be reached, both you and the landlord remain bound by the contract. If you decide to break the lease by abandoning the premises and no longer paying rent during the term of the fixed lease, your landlord can take legal action against you. The landlord could claim the unpaid rent for the rest of the agreement or, until the premises are re-rented, whichever comes sooner.

The Residential Tenancies Act does not require notice to be given to end a fixed term tenancy, even if the tenancy agreement states otherwise. However, you may want to consider giving notice as a courtesy to the landlord, especially if you are leaving before the end of the term. A landlord is under a legal duty to cut her losses in this situation. This means that the landlord must do all that is reasonable to minimize loss. If the landlord has advance notice that you are leaving, she could look for a new tenant and, thereby, lose less rent. If your landlord does not look for a new tenant and takes legal action against you, she may not be able to recover the full amount of rent lost because she did nothing to try to minimize that amount.

If your landlord evicts you before the end of the agreement, you can claim compensation from her.

May 2005