Removing One Tenant from a Lease

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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?


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

Comments 13

  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

    1. Post

      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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  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

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


  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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  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?

    1. Post

      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.

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          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.

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