Removing One Tenant from a Lease

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Question:

If a couple separates while in a lease (both have signed for the year) and one person leaves, can that person have their name taken off the lease (assuming all parties agree)? Is there an OREA form?

Answer:

The closest form would be OREA Form 405 (Amendment to Lease). It should be combined with the Mutual Release Form. The departing party and the continuing parties need to release one another. This includes the two Tenants.

There is no Form under the Residential Tenancies Act as administered by the Landlord and Tenant Board for this.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Comments 31

  1. My son and i signed a one year lease. The one year is over and i assume in the absence of any corresponding with the the landlord we are on a month to month lease.
    I want to take my name off the lease. How might i proceed?
    Thanks kindly
    Ron

    1. Post
      Author

      Contact the Landlord. Confirm that the arrangements are now on a month to month basis and that you are no longer a Tenant.

      1. So if the landlord or the realtor in written acknowledge that the tenant who is leaving is no longer the tenant now, will this make the tenant free from all future responsibilities, liabilities or issues that might happen in the flat ?

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          Author
  2. Something happened in our house ( mine and house mates, we both signed the lease ) as a result of her doing. How, if even possible, can I get her removed from the lease and taken out. I no longer feel safe for me and my children with her being here with the decisions she’s making.. any advice is greatly appreciated

    1. Post
      Author

      You should contact a lawyer or a paralegal specializing in LTB matters as soon as possible.

      Brian

  3. My son rents in Toronto with his roommate. The roommate wants to move out shortly so has given notice to the landlord. My son wants to stay for as long as possible (possibly with a new roommate or his girlfriend). The landlord says the only way to do this is for the landlord to do a new $3,000 contract ?? which they don’t want to do. They said if the current roommate leaves his name on the contract, it would be fine, but the roommate doesn’t want to do that for long, since he will be looking for another place to rent and is maybe worried that it will affect him negatively. Now the roommate gave the landlord a final date he will leave his name on for which would evict my son at the end of this year. Is this legal (having one tenant kick out the other)? Is there no form that can easily be filled out?

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      Author
  4. My wife and I signed a lease on July 3rd 2018. We are separating and she wants to end the lease but I want to continue living in our apartment because it is Rent Controlled. I asked the Lease Administrator and here is her response to my request to remove my wife from the lease:
    “Unfortunately, we cannot change the terms of the original lease and amend it to your name only even if “ex wife” moves out. She will remain on the lease as a tenant until you decide to move out, at which time you must give a 60-day notice signed by both of you.
    Let me know if you have further questions.
    Thank you for understanding.”
    This seems ridiculous.
    How would she be able to sign a lease somewhere else if she is legally on another lease?
    Can a Paralegal help to remove her name, keep mine on the lease and remain rent controlled from 2018?
    Thanks

    1. Post
      Author

      It would be wise to retain a Paralegal in this matter. Since you are entitled to sublet, I don’t understand why the Landlord is not agreeable.

      1. Maybe because the lease was secured with income from both parties. Now one is leaving and wants to be absolved of all responsibility. If there are issues with payment down the road why would Landlord give up option to pursue one of the responsible parties? What sublet has to do with anything? It was not part of the question.

        1. Post
          Author

          The Landlord doesn’t have to agree. However, they can sublet. If that’s the case, then they are still on the hook for the remainder of the Lease.

    2. It’s not in her best interest to stay on the lease. If you don’t pay the rent or you damage the property she can be held liable since she’s on the lease. You could sign a “hold harmless” agreement, but she would still be responsible for the apartment. She would just have the ability to sue you. That is still not in her best interest since you might not have the money to pay a settlement. The same would go for subletting, her name is still on the lease and she is legally responsible. Another way is to do assign the lease to you or someone else. You, or the other party, would have to be able to pass the landlord’s usual credit check.

  5. I moved out over a year ago but my room mate did not take my name off the lease. She told me she contacted the realtor at the time to do so, but they have not. How do I go about taking my name off the lease or is it too late? Old room mate has not paid rent for the year..

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      Author
  6. We’re on a joint lease with another tenant for almost two years, so our lease is currently month-to-month. The other tenant would like to leave, and we would like to stay. If we make a new lease, the landlord has indicated he will increase the rent above the guideline amount. Is there a way for the other to get their name off the original lease and we continue to keep it? Kindly advise!

    1. Post
      Author

      This is a specific situation. You require actual legal advice. I would recommend that you retain a Paralegal to assist you.

  7. July 1 – My roommates and I in a month to month joint tenancy were served an N12, date to vacate Sept 30.

    I believe the LL filed the L2 mid september and i don’t think we have an ltb date yet.

    Sept 30th – I view and sign a lease on a 1br unit. Inform my LL and roommates I will be vacating in 10 days time.

    How do I get myself removed from this lease? Do I need 60 days notice or 10. Can I file an N9 unilaterally to end the tenancy or is there some other process?

    1. Post
      Author

      This is a specific situation. You require actual legal advice. I would recommend that you retain a Paralegal to assist you.

  8. My ex common law lives in the house I pay rent for. She has been removed from the new lease starting November 1st. She has never payed any rent. I want her out. I cannot live there until she leaves as there is a no contact order in place. What are my options for removing her and her new boyfriend from the premise? Is he not trespassing, if I dont consent to him being on the property i lease?
    Any advice would be appreciated.

    1. Post
      Author

      You will have to consult with a lawyer specializing in Family Law in order to determine your rights, and your options.

  9. My roommate and I are on a co-tenancy lease, we have passed the fixed date and are currently paying on a month to month rent.

    My roommate wants to leave the lease due to work reasons in two months by sending my landlord an N9 form to end the lease. I do not wish to move out by that date and hope to leave long term. My landlord asked for both of our signatures on the N9.

    I don’t feel comfortable signing the N9. What are my options here in this situation? What happens if I don’t sign the N9? Would I be responsible for both of our rent? What happens if the landlord doesn’t want my roommate to assign their portion to another person or rejects the possible new person?

    1. Post
      Author

      Since this is a specific question about your situation, you really will require legal counsel. You should consult with either a lawyer or paralegal about your situation.

      You can submit an inquiry and I can provide you with some recommendations if you are interested.

  10. Hello, i am living with my ex and she will be leaving the apartment, and both of us name is on the lease, i want to stay to rent this apartment. not sure if i should inform the landlord or no about this matter. i want to make sure the place will be for me and that she will not be able to come back.

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      Author
  11. My partner and I both signed the lease but have separated (I will be leaving), and I have now moved out. Do I have to sign an N9 form if they will still be occupying the apartment? Or would a letter informing the landlord that I am removing my name from the joint lease sufficient?

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      Author
  12. So my ex and I are on the lease of the townhouse I live in. She has moved out a while ago. I am trying to get a new roommate but I need her off the lease. We don’t have contact with each other and it’s toxic when we do contact each other. What do I do? I still live there and want to continue to do so.

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      Author
  13. I was renting my apartment with a REIT, The lease has me and my cousin as a primary resident. He recently got married and moved to to a different province.

    I continue to live here and pay my rent on time.

    My GF has moved in with me and We have been living.

    I wanted the lease to be under my name alone now, I spoke to the property manger and they stated that a new lease will be required under a new rent price.

    My cousin has no issue with their name being on the lease. But when I would like to remove his name removed just so there are no issues in the future abut i do not want my rent to increase

    1. Post
      Author

      Is your property subject to rent control? Nevertheless, the property manager should otherwise be agreeable. If not, you might engage a Paralegal to assist.

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