Ending the Tenancy

Does a notice to quit have to be in writing?

Yes, the notice is to be in writing.

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Is a verbal notice to quit acceptable?

No, a verbal notice is not acceptable.

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What has to be in a notice to quit?

It is to have:

• signature of the person giving the notice, or the person's agent;
• the address of the premises;
• the day on which the tenancy is to end;
• the date the notice is given.

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How do you give a notice to quit to a landlord?

A notice to quit is to be delivered personally or sent by registered mail. The person giving the notice to quit is responsible to deliver the notice to the receiving person.

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How do you give a notice to quit to a tenant?

A notice to quit is to be delivered personally or sent by registered mail. The person giving the notice to quit is responsible to deliver the notice to the receiving person.

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How much notice is required to terminate a year to year tenancy?

The landlord or the tenant is required to give at least three tenancy months, written notice, prior to the anniversary date. The notice to quit has to be given before the due date of the rent and it is effective the last day of the rental period. Example - if the rent is due on the first of the month, the notice to quit has to be given no later than the day before the rent is due. If the rent is due on the 10th of a month the notice to quit has to be given no later than the 9th of the month.

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How much notice is required to terminate a month to month tenancy?

The landlord is to give three tenancy months written notice to the tenant. The tenant is to give one tenancy month written notice to the landlord. The notice to quit has to be given before the due date of the rent. Example - if the rent is due on the first day of the month, the notice to quit has to be given no later than the last day of the month being the day before the rent is due and is to be effective the last day of the following tenancy month.

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How much notice is required to terminate a week to week tenancy?

The landlord is to give four tenancy weeks to the tenant.

The tenant is to give one tenancy week to the landlord.

The notice to quit has to be given before the due date of the rent. Example - if the rent is due on a Friday, the notice to quit has to be given no later than the day before (Thursday) the rent is due and is effective Thursday of the appropriate week.

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What does security of tenure mean and how does it affect a notice to quit?

A tenant who has lived in the same unit (except a mobile home space within a mobile home park) for more than five years has security of tenure. This means that if the tenant has lived in the premises for five years or more, the landlord must apply to the Director for permission to terminate the tenancy.

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If the tenant does not pay the rent how much notice to quit is a landlord required to give a tenant?

If a tenant in a yearly or monthly tenancy is 30 days late in paying all or part of the rent, the landlord may give a 15 day notice to quit to the tenant.

If a weekly tenant is seven days late in paying all or part of the rent, the landlord may give a seven day notice to quit to the tenant.

How to calculate 15/30 day periods [- 60 kb]

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Can a landlord give a short notice for any other reason?

Yes. If a tenant poses a risk to the safety or security of the landlord or other tenants in the same building, the landlord may give a five day notice to quit. (Exception - security of tenure).

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Can a tenant refuse to pay rent for any reason?

No, the tenant is always responsible to pay the rent to the landlord.

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When a notice to quit has been given, does the tenant have to pay the rent?

Yes. Rent must be paid until the end of the tenancy.

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Is a tenant or a landlord required to give a reason for giving a notice to quit?

No. No reason is required by either the landlord or the tenant. (Exception - security of tenure.)

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Can a tenancy be terminated during the winter?

Yes, it can be terminated during the winter months.

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Can a tenant stay in the premises after a foreclosure?

Yes, unless a notice to quit has been given. The tenant may be given a notice by the landlord or a representative of the landlord to vacate after three tenancy months or on the anniversary date of the tenancy, whichever is sooner.

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When a notice to quit has been given to the tenant, when is the tenancy over?

The tenant is responsible to leave the premises on the last day of the notice to quit. Example - the last day of the tenancy is the 30th, the tenant has to be out and all the necessary cleaning and repairs completed and the keys returned to the landlord no later than midnight on the 30th, unless your leasing agreement specifies otherwise.

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When a notice to quit has been given to the tenant, when does the tenant have to leave?

The tenant is responsible to leave the premises on the last day of the notice to quit. Example - the last day of the tenancy is the 30th, the tenant has to be out and all the necessary cleaning and repairs completed and the keys returned to the landlord no later than midnight on the 30th, unless your leasing agreement specifies otherwise

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How does security of tenure effect the tenancy?

Once a tenant has tenure the landlord must make an application to the director to have the tenancy ended.

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What does the landlord have to do to get the notice to quit from the residential tenancies division to end a tenancy with tenure?

The landlord has to require the unit for himself or a family member;

The landlord is going to be doing repairs or renovations of the premise; or

The Director of Residential Tenancies finds it appropriate in the situation (tenant causing damages/unpaid rent etc.)

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