CanadaCan I break my lease early if the apartment has serious health hazards?
Yes, in most Canadian provinces, you can end your tenancy early if the rental unit has serious health or safety hazards that make it unfit for habitation.
What the Law Says
Canadian residential tenancy laws are set by each province and territory. Most provincial statutes allow tenants to terminate a tenancy early — without penalty — if the rental unit becomes seriously unsafe or unhealthy and the landlord fails to fix it after proper notice.
Under the Residential Tenancies Act, 2006 (Ontario), if a rental unit is 'unfit for habitation' due to health or safety issues — such as mould, lack of heat, infestation, or contaminated water — the tenant may give written notice to end the tenancy. The unit must be so defective that it 'materially affects the tenant’s health or safety'.
In British Columbia, the Residential Tenancy Act states that if the landlord fails to maintain the property in a 'fit state for habitation', the tenant may apply to the Residential Tenancy Branch for an order ending the tenancy or reducing rent. Serious hazards like structural instability, sewage backup, or carbon monoxide risk qualify.
Alberta’s Residential Tenancies Act allows termination if the premises become 'substantially unfit for habitation' due to the landlord’s failure to repair or maintain. The tenant must first give written notice and allow reasonable time to fix the issue.
Statutory TextThe rental unit is unfit for habitation and the condition materially affects the tenant’s health or safety.
— Residential Tenancies Act, 2006, s. 49(1)(a) — Termination for unfit unit
Statutory TextA rental unit is unfit for habitation if it does not substantially comply with health, safety, housing and maintenance standards required by law.
— Residential Tenancies Act, 2006, s. 49(2)
What Courts Have Said
Courts and tribunals across Canada have affirmed that serious health hazards justify early lease termination — but only when the hazard is objectively severe and the landlord has failed to act.
The Board found black mould covering 40% of bathroom walls and persistent sewage odours rendered the unit unfit for habitation; tenant was entitled to terminate without penalty.
Confirmed that chronic rodent infestation combined with broken plumbing created an immediate health hazard, permitting rent abatement and early termination.
What to Do
Document the hazard thoroughly (photos, videos, dates, witness statements).
Notify your landlord in writing — describe the issue and request repairs within a reasonable time (e.g., 7 days for urgent hazards like no heat or gas leaks).
If the hazard remains unaddressed, check your provincial tenancy board website for official termination forms (e.g., Form N12 in Ontario, RTB Form 10 in BC).
Serve the proper notice and keep proof of delivery (certified mail or email with read receipt).
Move out by the effective date — you generally owe no further rent after lawful termination.
Sources
Same Question, Other Jurisdictions
GermanyNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.