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I am a landlord in the province of Ontario, Canada. I currently have a fixed term lease of one year with my current tenants. The lease ends May 31, 2016.They sent me an email yesterday stating they are giving me formal 60 day notice for Feb 1, 2016. It's in my understanding they are obligated to full fill our lease should I decided not to release them from it? I would however, be open to helping them pursue an assignment. What are my rights as a landlord? Are they legally bound by the in force lease? How should I notify them I will not be terminating the lease? So many questions.. Thanks in advance for all your help!

P

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A Google search for landlord tenant Ontario turned up several sites mostly directed to tenants, but which may nonetheless be helpful to you.

The first site, however, was that of the more neutral Social Justice Tribunals of Ontario, and one page on their site addresses your question specifically: http://www.sjto.gov.on.ca/ltb/faqs/#faq7.

In particular, the 60-day notice refers to the notice for telling a landlord of the tenant's intention not to renew a lease. When a tenant wants to "break" a lease, the page mentions the possibility of assigning the lease to a new tenant, but other than noting that the landlord's consent is required, the process for lease assignments is not discussed.

The tenant appears possibly to have misunderstood the requirements and procedures surrounding lease termination. You could try discussing this with them, but it is quite possible that you'll need to consult a landlord-tenant lawyer.

  • Thank you very much for the information! Some good information from your link. – porter1974 Dec 4 '15 at 14:10
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Regardless of what the law allows, the BEST result is if all parties come away from the scuffle "undamaged."

You must, as landlord, act aggressively and immediately to obtain new tenants. You must ask your current tenants to work to the best of their ability to FIND new tenants to assume their lease.

If you get new tenants, and the month's rent keeps showing up at your bank account, then all is WONDERFUL, right?

If you do nothing, and it goes to court, the crown justice is going to...shall we say..."notice" that you sat on your hands and made no effort to cure the deficiency. OR...she will notice that indeed, you did your best. That will make all the difference, should you ask the crown magistrate to award damages.

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