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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 21:48, 27 January 2017
, 21:48, 27 January 2017→B. Tenant Gives Notice (RTA, s 45)
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==B. Tenant Gives Notice (RTA, s 45)== | ==B. Tenant Gives Notice (RTA, s 45)== | ||
A tenant can end the tenancy by giving notice. (See the required form of notice below, Section | A tenant can end the tenancy by giving notice. (See the required form of notice below, [[{{PAGENAME}}#1. Form and Basic Requirements | Section XI.E.1: Form and Basic Requirements]]). | ||
Where there is a periodic tenancy, notice will be effective in terminating the tenancy no earlier than one clear month after it is received by the landlord. Additionally, it must take effect no earlier than the day before the day of the month (or other period on which the tenancy is based) that rent is payable under the tenancy agreement. 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 landlord must receive the tenant’s notice to end tenancy before the final month’s rent is due. When it is given is less relevant than when it is received. | Where there is a periodic tenancy, notice will be effective in terminating the tenancy no earlier than one clear month after it is received by the landlord. Additionally, it must take effect no earlier than the day before the day of the month (or other period on which the tenancy is based) that rent is payable under the tenancy agreement. 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 landlord must receive the tenant’s notice to end tenancy before the final month’s rent is due. When it is given is less relevant than when it is received. | ||
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Where there is a fixed term tenancy, notice will be effective no earlier than one clear month after it is received by the landlord. Additionally, it must be no earlier than the date specified in the tenancy agreement as the end date of the tenancy, and 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. | Where there is a fixed term tenancy, notice will be effective no earlier than one clear month after it is received by the landlord. Additionally, it must be no earlier than the date specified in the tenancy agreement as the end date of the tenancy, and 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. | ||
If a landlord breaches a material term, the tenant must first give written warning that a term has been breached and requests that the breach be corrected. If after a reasonable time, the landlord has not corrected the breach, the tenant can end the tenancy one day after the landlord receives notice in writing. | If a landlord breaches a material term, the tenant must first give written warning that a term has been breached and requests that the breach be corrected. If after a reasonable time, the landlord has not corrected the breach, the tenant can end the tenancy one day after the landlord receives notice in writing. | ||
==C. Landlord Gives Notice== | ==C. Landlord Gives Notice== | ||
