End of Tenancy (Termination and Eviction) (19:XI)

A. Types: End of Tenancy Agreements

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, s 45)

A tenant can end the tenancy by giving notice. (See the required form of notice below, Section IX.B.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 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.

C. Landlord Gives Notice

1. Non-Payment of Rent (RTA, s 46)

A landlord may give notice to end a tenancy if rent is unpaid on any day after the day it is due. If the tenant pays the overdue rent within five days after receiving a notice under s 46 the notice has no effect. The landlord can give notice to end tenancy for non-payment of rent, then after 5 days have passed, go to the RTB and make a direct request for an order of possession without a hearing.

2. Cause to End Tenancy (RTA, s 47)

A variety of circumstances can qualify as cause to end a tenancy:

• the conduct of the tenant or invitee significantly interferes with or disturbs other occupants of the property or the landlord;
• the tenant or guest causes extraordinary damage;
• the tenant’s occupancy causes damage exceeding reasonable wear and tear and he or she has not taken steps to repair the damage;
• the tenant fails, within 30 days of entering the agreement, to give an agreed upon security deposit or pet deposit;
• the tenant knowingly misrepresents the rental unit to a future tenant or purchaser;
• the act or omission of a tenant or guest seriously impairs the health, safety or other lawful right or interest of the landlord or other occupant in the property;
• there are an unreasonable number of occupants in a rental unit;
• the tenant is repeatedly late paying rent;
• a tenant fails to comply with a material term;
• a vacating of the rental unit is required under an order by a provincial, regional, or municipal government authority;
• the tenant purports to assign or sublet the residential rental unit without the consent of the landlord; or
• the tenant or a person permitted on the residential property by the tenant is engaged in illegal activity that has caused damage to or jeopardized the property (see Section IX.A.6: Illegal Activity).

3. Landlord’s Notice: End of Employment with Landlord (RTA, s 48)

A landlord may end the tenancy of a person employed as a caretaker, manager or superintendent of the residential property of which the rental unit is a part by giving notice to end the tenancy if the rental unit was provided to the tenant for the term of the caretaker’s (tenant’s) employment, the tenant’s employment as a caretaker is ended, and the landlord intends in good faith to rent or provide the rental unit to a new caretaker, or manager.

4. Landlord’s Use of Property (RTA, s 49)

Notice to end tenancy may be given by the landlord where: the landlord sells the property and the purchaser asks the landlord, in writing, to give the tenant notice because he or she intends to occupy the property (RTA, s 49(5)(c)) (i.e. the purchaser intends to move in); the landlord or a member of his or her immediate family (consists only of spouse, child or parent of the landlord or spouse) intends to occupy the property (s 49(3)); or the landlord has all the necessary permits and approvals required by law, and intends to demolish the property, convert it into a strata lot or co-op, enter into a fixed-term tenancy greater than 20 years, convert it into non-residential property or a caretaker’ s premises for more than six months, or intends to renovate the rental unit in a manner that requires it to be vacant (s 49(6)). A landlord who gives notice to end a tenancy under s 49 must pay the tenant, on or before the effective date of the notice an amount that is equivalent to one month’ s rent as compensation (s 51(1)). NOTE: If the landlord does not take steps within a reasonable time to use the property for the reason stated on the eviction notice, the landlord must pay the tenant double the monthly rent payable under the tenancy agreement (s 51(2)). The landlord’ s use must be for at least six months after the effective date of the notice, to prevent landlords from simply moving a relative in for a month.