5,109
edits
Difference between revisions of "End of Tenancy (Termination and Eviction) (19:IX)"
From Clicklaw Wikibooks
End of Tenancy (Termination and Eviction) (19:IX) (view source)
Revision as of 19:46, 18 August 2017
, 19:46, 18 August 2017→B. Tenant Gives Notice (RTA, s 45)
Desy Wahyuni (talk | contribs) |
|||
| Line 5: | Line 5: | ||
Section 44 of the RTA lists the situations where a tenancy can end. A residential tenancy agreement continues, unless the tenant or landlord gives the other party notice in writing, or the tenancy agreement states a move-out date when the tenancy is signed. | Section 44 of the RTA lists the situations where a tenancy can end. A residential tenancy agreement continues, unless the tenant or landlord gives the other party notice in writing, or the tenancy agreement states a move-out date when the tenancy is signed. | ||
==B. Tenant Gives Notice (RTA, | ==B. Tenant Gives Notice (RTA, ss 45, 45.1)== | ||
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]]). | 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]]). | ||
| Line 12: | Line 12: | ||
*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. | ||
*Under s 45.1 of the RTA, a tenant is eligible to end a fixed term tenancy early if they are at a 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. Section 39 of the Residential Tenancy Regulations lists persons qualified to confirm a risk of family violence, and Section 40 of the RTR lists persons qualified to confirm the need for long term care. Ending a tenancy this way means that all individuals subject to the same tenancy agreement must vacate the rental unit when the tenancy ends. A landlord cannot apply for dispute resolution with respect to a tenant's eligibility to end their tenancy, but they can apply for dispute resolution if the basis of the claim is that the confirmation statement was made by a person who was not authorized under the regulations to do so, or if the tenant's notice is not provided in accordance with the RTA, or if there are other claims unrelated to the tenant's notice to end tenancy. | |||
==C. Landlord Gives Notice== | ==C. Landlord Gives Notice== | ||
