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Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"
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End of Tenancy (Termination and Eviction) (19:IX) (view source)
Revision as of 01:19, 3 August 2023
, 01:19, 3 August 2023→A. Tenant Gives Notice (RTA, ss. 45, 45.1)
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** E.g., If rent is payable on the first of the month, notice to end the tenancy given on January 1st will be effective in terminating the tenancy agreement no earlier than February 28th, and rent must be paid throughout the notice period; notice given on May 31st would be effective to end the tenancy on June 30th. Note that the time is calculated '''from the time the landlord receives the notice''', not when the notice was sent. | ** E.g., If rent is payable on the first of the month, notice to end the tenancy given on January 1st will be effective in terminating the tenancy agreement no earlier than February 28th, and rent must be paid throughout the notice period; notice given on May 31st would be effective to end the tenancy on June 30th. Note that the time is calculated '''from the time the landlord receives the notice''', not when the notice was sent. | ||
* Where there is a fixed-term tenancy, notice will be effective no earlier than '''one clear month''' after | * Where there is a fixed-term tenancy, notice will be effective no earlier than '''one clear month''' after the landlord receives it. | ||
** Additionally, it must be no earlier than the date specified in the tenancy agreement as the end date of the tenancy. | ** Additionally, it must be no earlier than the date specified in the tenancy agreement as the end date of the tenancy. | ||
** It must be the day before the day in the month (or in the other period on which the tenancy is based) that rent is payable under the agreement. | ** It must be the day before the day in the month (or in the other period on which the tenancy is based) that rent is payable under the agreement. | ||
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* If a landlord breaches a material term of the tenancy agreement, and the tenant wishes to end the tenancy for that reason, the tenant must first give written warning that a term has been breached and request that the breach be corrected within a reasonable period. If the landlord has not corrected the breach before the deadline, the tenant can end the tenancy after the landlord receives a notice in writing. | * If a landlord breaches a material term of the tenancy agreement, and the tenant wishes to end the tenancy for that reason, the tenant must first give written warning that a term has been breached and request that the breach be corrected within a reasonable period. If the landlord has not corrected the breach before the deadline, the tenant can end the tenancy after the landlord receives a notice in writing. | ||
* Under s 45.1 of the RTA, a tenant is eligible to end a fixed-term tenancy early if they are at risk of or fleeing family violence, or if they have a need for or have been accepted into long term care. | * Under s 45.1 of the ''RTA'', a tenant is eligible to end a fixed-term tenancy early if they are at risk of or fleeing family violence, or if they have a need for or have been accepted into long term care. | ||
** Tenants must fill out form RTB-49 and submit it to the landlord with one month written notice. Note that the early termination form requires a qualified third party to verify the risk of family violence or the need for long-term care. | ** Tenants must fill out form RTB-49 and submit it to the landlord with one month written notice. Note that the early termination form requires a qualified third party to verify the risk of family violence or the need for long-term care. | ||
** Section 39 of the Residential Tenancy Regulations lists persons qualified to confirm a risk of family violence. | ** Section 39 of the Residential Tenancy Regulations lists persons qualified to confirm a risk of family violence. | ||
