Can You Break a Lease to Move in With Family in Newfoundland and Labrador?

Many tenants in Newfoundland and Labrador face life changes that require them to move out of their rental home before the lease ends—such as needing to move in with family. Understanding your rights and obligations when breaking a lease for family reasons is essential to avoid financial or legal issues.

Understanding Lease Agreements in Newfoundland and Labrador

Rental agreements in the province are governed by the Residential Tenancies Act, 2018 (NL). Tenants are legally responsible for the entire term of the lease or rental agreement, but under certain conditions, may end their tenancy early. Regardless of your reason, there is a process you must follow to ensure a lawful exit from your lease.

When Can You Break a Lease to Move in With Family?

Generally, moving in with family is not a ground that allows automatic early termination under the Residential Tenancies Act, 2018. However, you can still end your lease early by providing the required notice or by making a mutual agreement with your landlord.

Options Available to Tenants

• Fixed-Term Leases: Typically, you are bound for the full term. To leave early, you must:
  • Negotiate with your landlord for an early end to the lease (mutual agreement is best in these scenarios).
  • Sublet or assign your rental unit (with landlord consent).
  • Provide notice if your agreement allows for early termination under certain circumstances (e.g., personal safety, health, or if the landlord agrees).
• Month-to-Month Tenancies: You must provide at least one full month's written notice before the date you plan to leave.

It's important to review your rental agreement for any clauses covering early termination. More information on tenants' obligations during and after signing a lease is covered here: What Tenants Need to Know After Signing the Rental Agreement.

Required Notice to End Your Tenancy

To lawfully end your tenancy, you must give your landlord written notice. The amount of notice depends on the type of tenancy you have.

• Fixed-Term Lease: Early termination requires landlord's agreement, or you remain responsible for the rent until the end of the term—or until a new tenant is found.
• Month-to-Month Lease: Minimum of one full month's written notice.

If you leave without proper notice or agreement, your landlord could claim lost rent or withhold from your security deposit.

Official Forms for Ending a Tenancy Early

• Notice of Termination by Tenant (Form NLT-0312)
  Use this form to provide the required written notice to your landlord. It's most often used for month-to-month tenancies.
  Download Notice of Termination by Tenant (Form NLT-0312) [PDF]

Practical Example: If you’re renting month-to-month and decide to move in with family, fill out the form, serve it to your landlord at least one full month before your move date, and keep a copy for your records.

For fixed-term leases, you should first discuss with your landlord and, if agreed, complete a written agreement to end the lease early. If there's a dispute, either party may apply to the Residential Tenancies Section for a decision.

Subletting or Assigning Your Rental

Subletting (having someone else move in and take over your lease) or assigning (transferring the lease to someone new) are legal options—provided you receive written approval from your landlord. Learn more about your rights as a tenant in the province from the Tenant Rights and Landlord Rights in Newfoundland and Labrador page.

Financial Implications: Security Deposits and Potential Penalties

If you break your lease improperly, you could lose part or all of your rental deposit, or be liable for rent until the unit is re-rented. The rules on this are strict. For more, see Understanding Rental Deposits: What Tenants Need to Know.

How to Properly End Your Lease—Action Steps

• Check your tenancy agreement for any clauses about early termination or penalties.
• Talk to your landlord as soon as possible. Try to negotiate an early exit or arrange for a sublet/assignment.
• If eligible, provide the required Notice of Termination by Tenant (Form NLT-0312) with proper notice.
• Document all communications with your landlord regarding your request.
• Prepare the unit for move-out, attend a final inspection and request any deposits owed be returned.

Throughout the process, you can Find rental homes across Canada on Houseme if you’re looking for a new place to live after moving out.

FAQ: Breaking a Lease in Newfoundland and Labrador

1. Can I break my lease if I need to move in with family?
   Moving in with family is not a legal ground for early termination, but you may leave early with your landlord’s agreement or by finding a sublet/assignment.
2. What happens if I leave before my lease ends?
   If you leave early without agreement or notice, you could be responsible for rent owing, or lose your security deposit.
3. What form do I use to end my lease?
   The Notice of Termination by Tenant (Form NLT-0312) is used for most terminations. Always keep a copy and serve it properly to your landlord.
4. How much notice do I need to give?
   One full month’s written notice for month-to-month rentals. For fixed-term leases, you need landlord agreement or another valid reason under the Act.

Key Takeaways

• Tenants in NL usually need landlord agreement or use the correct process to break a lease and move in with family.
• Improper lease-breaking can lead to financial penalties—always follow the correct notice procedures.
• Get agreements in writing and use official forms when required.

If you’re not sure about your rights when breaking a lease, consult the Residential Tenancies Section or review the Tenant Rights and Landlord Rights in Newfoundland and Labrador page for more details.

Need Help? Resources for Tenants

• Residential Tenancies Section – Service NL: Official tribunal providing guidance, forms, and dispute resolution.
• Notice of Termination by Tenant (Form NLT-0312).
• Read the Residential Tenancies Act, 2018
• Local tenant advocacy organizations can provide free help and support.

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1. Residential Tenancies Act, 2018 (NL): Current version of the law
2. Service NL, Residential Tenancies Section: Provincial board providing guidance and dispute resolution

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