Landlord, Tenants & the law

I recently came across some tenants with a desperate need to break their lease “Quit Claim” and move on. It was based upon health reasons and their brand new baby.

The problem – Marijuana smoke coming from a neighbour.

Although I am not a lawyer and unable to provide legal advise, I do recommend a conversation with a lawyer before moving forward. However, I also recommend review details in The Residential Tenancies Act for the law with rights and responsibilities for both sides of the situation.

The best way to break a lease is to start with a conversation with the Landlord. Explain the problem and see if the landlord can fix it. If the problem is big enough to warrant you moving – it is a problem in the long run for the landlord. They have vested interest in fixing the problem for you.

If the landlord is unable to fix the problem, they may be willing to negotiate how to release you from the lease. The majority of landlords want happy tenants. So releasing an unhappy tenant is in everyone’s best interest.

Negotiating your exit may include compensation for the cost of replacing you. Smart landlords hire agents to find and secure tenants and this costs about 1 month’s rent. The other costs would be for vacancy loss for the time it takes to replace you.

Best Practice

  • Inform the landlord of your concerns
  • Discuss solutions
  • Discuss solution timeframe
  • Discuss what will happen if no solution is found
  • Put in writing whatever you mutually agree to and sign it!

If you are a tenant ready to move or a landlord looking for an experience Realtor to assist – I am at your service 416-540-4641


Pamela Simons is an Etobicoke Based Realtor. Working with RE/MAX CONDOS PLUS, allows me to focus in the condo market. My clients are investors, people looking to buy condos or sell condos and buy houses. Your real estate objectives become my purpose! Let’s make success happen together!

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