What is the landlord's duty to mitigate in Canada?
In Canada, landlords have a legal obligation to take reasonable steps to re-rent the unit when a tenant breaks a lease. This duty exists under provincial tenancy legislation and common law. The landlord cannot simply collect rent from you for all remaining months without trying to find a new tenant. If they refuse reasonable replacement tenants or fail to advertise, a court or tribunal may reduce your liability.
Can I sublet or assign my lease in Canada?
Yes, in most provinces tenants have the right to sublet (temporarily transfer possession) or assign (permanently transfer the tenancy) with the landlord's consent. In Ontario, the landlord may only refuse for valid reasons, and must respond within 7 days. In BC, the landlord cannot unreasonably withhold consent. Finding your own replacement tenant is often the cleanest way to exit a lease without financial penalty.
How do I minimize my lease break exposure in Canada?
Best practices: give maximum written notice as soon as you know you need to leave; actively help find a replacement tenant; keep the unit clean and accessible for showings; document all communication with the landlord in writing; consider offering a small incentive to the landlord to accept an assignment. Each month the landlord takes to re-rent the unit is a month where your liability continues.