What Are the Legal Alternatives to Breaking a Lease in BC?

In British Columbia, a fixed-term lease is a legally binding agreement. However, life doesn’t always go according to plan, and sometimes tenants need to leave before the lease ends. Rather than risk financial penalties or disputes, it’s important for both tenants and landlords to understand the legal alternatives to breaking a lease early under the Residential Tenancy Act (RTA) and Residential Tenancy Regulation.

Here are the key options available:

1. Mutual Agreement to End Tenancy

The simplest and most straightforward way to end a tenancy early is through mutual agreement between the landlord and tenant. This option allows both parties to move forward amicably and without formal dispute.

If a tenant wants to leave before the end of the fixed term, they can ask the landlord if they are open to ending the tenancy early. Offering to assist in finding a new tenant, by helping advertise the unit or being flexible with showing times, can improve the chances of reaching an agreement.

If both parties agree, the termination must be documented using the RTB-8 Mutual Agreement to End Tenancy form provided by the Residential Tenancy Branch (RTB). Once signed, this agreement is legally binding and cannot be revoked unless both parties agree.

2. Sublet or Lease Assignment

Another legal alternative is for the tenant to sublet the unit or assign the tenancy to someone else. These two terms are often confused but have different legal implications:

• Sublet: The original tenant temporarily transfers the right to occupy the unit to another person but remains responsible for the lease.

• Assignment: The original tenant permanently transfers the lease to a new tenant, ending their legal obligations under the agreement.

Under the RTA, if a tenant has a fixed-term lease with at least six months remaining, the landlord cannot unreasonably refuse a request to sublet or assign the unit. That said, landlords can screen the new tenant as they would with any rental application.

It’s recommended that both parties document the arrangement in writing to avoid misunderstandings.

3. Landlord Breach of a Material Term

In some cases, a landlord’s failure to uphold their responsibilities under the lease may give the tenant grounds to end the tenancy early. This typically applies when the landlord breaches a material term of the agreement, such as repeatedly failing to perform necessary repairs, provide adequate heating, or maintain the property in a condition that meets health and safety standards.

Before ending the tenancy, tenants must provide written notice of the issue and give the landlord a reasonable chance to correct it. If the issue remains unresolved, the tenant can apply to the RTB for an early end to the tenancy.

Documentation is key here - photos, written communication, and maintenance requests will support the tenant’s case.

4. Early Termination for Family Violence or Long-Term Care Needs

Tenants facing family violence or serious health concerns may be legally entitled to end a fixed-term lease early. These are compassionate exceptions built into the law.

Situations Where Early Termination Is Allowed:

• Family Violence: If continued occupancy threatens the safety of the tenant or their child due to domestic violence.

• Long-Term Care: If the tenant has been assessed as needing long-term residential care, or has been accepted into a facility that provides such care.

In either case, the tenant must give the landlord at least one month’s written notice and provide a completed Ending Fixed-Term Tenancy Confirmation Statement (RTB-49). This form must be signed by an authorized verifier, such as:

• A medical doctor or nurse practitioner

• A registered psychologist or clinical counsellor

• A social worker or long-term care facility manager

• A police officer, victim services worker, or lawyer

A full list of qualified verifiers is available in Sections 39 and 40 of the Residential Tenancy Regulation.

These provisions are designed to protect vulnerable tenants and allow them to prioritize their safety and well-being.

For both landlords and tenants, navigating an early lease termination doesn’t have to result in conflict or costly legal disputes. Understanding the legal alternatives, such as mutual agreement, sublet or assignment, landlord breach, or early termination under special circumstances, can help both parties make informed decisions.

Whenever possible, keep communication respectful and solutions-focused, use RTB-approved forms, and seek advice from the Residential Tenancy Branch or a tenancy expert if you’re unsure of your rights and obligations.


This article provides general information and does not constitute legal advice. Residential tenancy laws in British Columbia can change, and individual situations vary. Always consult the Residential Tenancy Branch or a qualified legal professional for advice specific to your circumstances, and refer to the most current legislation and official RTB forms before making any decisions.