Ending Fixed-Term under the Terms of the Contract

A fixed-term tenancy agreement is a contract between two or more people. The contract states that the tenancy will last for a fixed period of time, for example, one year. If, for any reason, it becomes impossible for the tenant to rent the property for the full term there are some limited options that might be available:

• Read the tenancy agreement. The original contract might have included details of situations when either side can end, or change the agreement before the end of the term.

  For example, there might be a term stating that if the tenant has to change job location to another city the agreement can be broken.

• Make a new agreement to end the tenancy at an earlier date. If you or the tenant wants to change a term of the lease, that change can be made if all parties to the contract agree. Ideally the new agreement will be in writing.
  

  For example, a fixed-term tenancy agreement could run from January 1st until December 31st. If the tenant has to leave the property in September, he could try to negotiate an earlier end to the tenancy agreement with you. Unless you both agree, however, the original agreement will remain and he will be responsible for paying the rent until December 31st. In addition, he will remain responsible for any other obligations he has under the tenancy agreement.

• Sublet the premises or assign the tenancy agreement.

January 2006