- If you and your partner share one tenancy agreement, each of you can be held responsible for the entire rent, and the landlord can pursue either of you for the full amount.
- Moving out without proper notice can leave you owing rent until the unit is re-rented or until the earliest date a proper notice would have ended the tenancy.
- A tenant who is a victim of sexual or domestic violence, or whose child is, can end a tenancy on 28 days' notice using Form N15.
Separating is hard enough without a lease tying you both to the same address. One of you may want to stay, the other may want out, and neither of you may be sure who the landlord expects to pay.
This article explains, in general terms, how shared tenancies work in Ontario when a relationship ends, who may be able to stay, what happens if someone leaves without notice, and the ways a tenancy can be ended. Your lease, your relationship status and your safety all affect the answer, so treat this as a starting point.
Who owes the rent when you are both on the lease?
Under a joint tenancy, where all tenants share a single tenancy agreement, the tenants are jointly and severally liable for the entire rent, so the landlord can pursue any one of them for the full amount. In plain words, the landlord does not have to split the bill the way you and your partner might.
That means an informal deal such as "I will pay half until the lease ends" is a matter between the two of you. If your ex stops paying, the landlord can still look to you for the whole rent. If you want a split of the housing costs to be dependable, it is worth putting it in a written separation agreement, and having a lawyer review it.
Can one of you stay in the unit?
If a tenant moves out without giving notice or agreeing to end the tenancy, and the tenant's spouse stays in the unit as their principal residence, the spouse is included in the definition of tenant under the Residential Tenancies Act, 2006, unless a listed exception applies. The exceptions include a unit in a building of no more than three residential units in which the landlord lives, and a spouse who moves out within 60 days after the tenant leaves.
If you are married, family law may also matter. Both spouses have an equal right to possession of a matrimonial home, whoever holds title. A court can order that one spouse be given exclusive possession of the home, or part of it, for a period the court directs, and can make a temporary order on a motion. Whether a rented home is treated as a matrimonial home depends on the facts, so a lawyer can confirm how it applies to you.
If you are not married, those matrimonial home rules apply to spouses as defined in the Family Law Act, meaning married people, and Ontario's guidance tells unmarried people to contact a lawyer about their rights and options regarding the home. For you, the lease itself matters a great deal.
How a tenancy can be ended
| Situation | What the rules say |
|---|---|
| Monthly tenancy | At least 60 days' notice on Form N9, with a termination date on the last day of a rental period. |
| Fixed-term lease | The termination date cannot be earlier than the last day of the term. |
| Landlord and tenant agree | They can end the tenancy using Form N11. |
| Sexual or domestic violence | 28 days' notice on Form N15 at any time, with a Tenant's Statement or a restraining order or peace bond issued within the last 90 days. |
If the N15 is not signed by all the tenants in a joint tenancy, the tenancy continues for the tenants who did not sign it. That can matter if you are leaving a violent partner who stays in the unit. Check current forms on the Tribunals Ontario website before you rely on a notice period.
What if you just move out?
A tenant who leaves without proper notice may owe rent until the earlier of the date the unit is re-rented or the earliest termination date that would have applied with proper notice. Handing back keys, or telling the landlord you have gone, does not by itself end the lease.
Because the landlord can pursue either of you for the full rent, leaving quietly can also leave your former partner carrying the cost, which may become part of the dispute between you. Before you go, consider:
- Whether you and the landlord can agree in writing to end or change the tenancy.
- Whether your ex will stay, and whether the landlord will deal with them alone.
- Whether a fixed term or monthly tenancy applies, since the notice rules differ.
- Whether safety concerns mean you should leave immediately and get advice afterward.
What to do next
- Find your lease and any amendments, and note whether it is monthly or for a fixed term.
- Check whether you are both named as tenants.
- Talk to the landlord early, and keep every message and notice in writing.
- Agree in writing how rent will be paid until the tenancy ends. A separation agreement is unenforceable unless it is in writing, signed by the parties and witnessed.
- If you are in danger, call 911 or your local police immediately.
- Contact a Family Law Information Centre for free information about separation. They have information and referral coordinators and duty counsel provided by Legal Aid Ontario.
A lawyer can look at your lease, your relationship status and your housing options together and tell you where you stand.
Frequently asked questions
Can my landlord make me pay all the rent if my ex stops paying?
Possibly. Where all tenants share a single tenancy agreement, they are jointly and severally liable for the entire rent, so the landlord can pursue any one of them for the full amount. What you and your ex agree between yourselves does not change that on its own.
If my partner moves out, what happens to my position on the lease?
If your name is already on a tenancy agreement that you share with your partner, you are a tenant, and the landlord can pursue any one of the tenants for the full rent. If only your partner signed the lease, whether you would be treated as a tenant depends on your relationship and the facts. It is worth confirming with a lawyer before you rely on any assumption.
How much notice do I give to end a monthly tenancy?
At least 60 days' notice on Form N9, with a termination date on the last day of a rental period. If you and the landlord agree, you can use Form N11 instead.
Is there a faster way out if I am fleeing abuse?
A tenant who, or whose child living with them, is a victim of sexual or domestic violence and fears harm can end the tenancy on 28 days' notice using Form N15. It must be accompanied by a Tenant's Statement, or a restraining order or peace bond issued within the last 90 days.
Sources
- Family Law Act, R.S.O. 1990, c. F.3 (e-Laws) — Ontario e-Laws
- Ontario.ca – Violence in the family — ontario.ca
- Ontario.ca – Family Law Information Centres — ontario.ca
- Landlord and Tenant Board – Interpretation Guideline 21 — tribunalsontario.ca
- Landlord and Tenant Board – How a Tenant Can End Their Tenancy — tribunalsontario.ca
- Landlord and Tenant Board – Form N15 — tribunalsontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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