A tenant provides an N9 form to a landlord (http://www.sjto.gov.on.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N9.pdf), a tenant's notice to end the tenancy, on November 5, 2019 stating that they would like to move out of the rental unit on December 4, 2019.

Let's say the original (1 year) lease was supposed to end on August 31, 2020.

I was under the impression that the tenant's termination date must be 60 days after the giving of this notice.

Would this mean that the tenant would still be responsible for providing the rent for December, as 60 days would not be until Jan 4?

Additionally, would the tenant be responsible for payment of the 4 days in January (4/31 of the rent)?

  • Hello! Welcome to Law.SE. Please read our tour page.
    – isakbob
    Nov 5 '19 at 22:23
  • @isakbob I read it. Sorry, did I do something wrong? I was unaware. Nov 6 '19 at 16:27
  • Just edit it to make it hypothetical, so that we are not on the hook for "providing legal advice".
    – isakbob
    Nov 6 '19 at 17:52
  • @isakbob Oh ok thank you. Nov 6 '19 at 18:09

If you turn in an N9 form and move before the six month period is over, the landlord is supposed to make his best effort to rent the property to someone else.

If no one else rents it, then you should compensate the landlord for whatever the losses were.

That means, if it takes two months to find someone to rent the apartment, that you should help cover losses for those two months and you would be off the hook for the remaining four months of the lease period.

Both of you are supposed to do your best to mitigate the losses, on each end. http://landlord-law-ontario.blogspot.com/2014/10/the-problem-with-n9-notices-of.html

  • Ohh thank you very much. So the tenant is responsible for paying the rent each month until the end of the lease until the landlord can find a new tenant? Nov 6 '19 at 18:49
  • 1
    Yeah, the tenant is basically supposed to make the landlord "whole", as in the same as he or she would have been if the tenant had not left early.
    – Putvi
    Nov 6 '19 at 18:51
  • Thank you very much. That answers my question perfectly. Nov 6 '19 at 18:52
  • 1
    I'm glad it helped. Hopefully you guys can work something out.
    – Putvi
    Nov 6 '19 at 18:55

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