Moving out: Giving notice
If you want to move out, you must give proper notice. You must:
- choose the right date to end your rental agreement, which is called the termination date,
- include certain information in a written notice, and
- give the notice to your landlord on time.
Is there a form that I can use to give notice?
In most cases, you can use Form N9: Tenant’s Notice to End the Tenancy. You can find this form and other forms at https://tribunalsontario.ca/ltb/forms.
How much notice do I have to give to move out?
The amount of notice you must give depends on how long your rental agreement is for. The rules are the same if you have a written rental agreement or if you do not have one.
There are special rules to end your tenancy in February or March. To end your tenancy on the last day in February, you must give notice no later than January 1. To end your tenancy on the last day of March, you must give notice on no later than February 1.
These special rules apply to one-year rentals and month-to-month rentals. They do not apply to weekly rentals and retirement or care home rentals.
One-year rental agreement
You must give your landlord your Form N9 at least 60 days before the termination date. The termination date must be the last day of your rental agreement.
For example, if your one-year rental agreement is from September 1 to August 31, your termination date is August 31.
Month-to-month rental agreement
You must give your landlord at least 60 days’ notice and the termination date must be the last day of a rental period. So if your rent is due on the first day of each month, your termination date must be the last day of a month.
Weekly rental agreement
You must give your landlord at least 28 days’ notice and the termination date must be the last day of a rental period. So if your rent is due each Monday, your termination date must be a Sunday.
Retirement or care home
You must give your landlord at least 30 days’ notice. Your termination date can be any day you choose. It does not need to be at the end of your rental agreement or the end of a rental period.
What happens if I do not move out on the date that I put in the notice?
Your landlord can apply right away to the Landlord and Tenant Board (LTB) for an eviction order. Your landlord can do this without telling you or giving you any papers. And the LTB will probably make an eviction order without holding a hearing first.
My landlord has given me a legal notice to move out. Can I move out earlier?
Yes, sometimes you can move out earlier. You can give your landlord 10 days’ written notice if your landlord gives you a notice that says they want to use your place for something other than living space or to do major repairs or renovations. Or if they give you a notice because they, their caregiver, a family member, or a buyer wants to move in.
Find out about other rights you may have before you move out. For example, your landlord may have to pay you money to move out for repairs or renovations.
Can I move out earlier because of domestic abuse?
If you or a child living with you has experienced domestic or sexual violence or abuse, you might be able to give your landlord 28 days’ notice. You can use Form N15: Tenant’s Notice to End my Tenancy Because of Fear of Sexual or Domestic Violence and Abuse.
You must also give your landlord one of the following:
- a copy of a peace bond or restraining order against the abuser
- a Landlord and Tenant Board form called Tenant’s Statement about Sexual or Domestic Violence and Abuse
What happens if I do not give the right amount of notice or any notice at all?
Your rental agreement will not end when you move out. You might continue to be responsible for the rent for some time after you move out. To avoid being responsible for the rent after you move out, you can:
- Try to get your landlord to agree to end your rental agreement.
- Find another tenant to take over your place.
- Use Form N9 to give 30 days’ notice to move, if your landlord refuses to let another tenant take over your place.
- Apply to the LTB to end your rental agreement. You will probably have to show that the landlord is doing something that makes it too difficult for you to live there, for example, serious harassment or maintenance problems.
When you move
Make sure your place is reasonably clean and not damaged. Take photos of how the place looked when you left. And take all your personal things because your landlord might be allowed to get rid of things you leave behind. For more information read CLEO’s resource Can your landlord take your stuff?
Get legal help
If you need legal advice, it is a good idea to get it before you give notice to move out. To find your local clinic, visit legalaid.on.ca or call Legal Aid Ontario at 1-800-668-8258.