Moving Out When Renting

Do give your landlord in writing a forwarding address where your security deposit can be sent. Don’t move without giving at least one full month’s written notice if you have a month-to-month tenancy agreement.

Giving notice

The landlord must receive your notice no later than the day before your rent is due. For example, if you pay your rent on the first of the month and you are moving on May 31, your notice must be received on or before April 30. Your notice must be in writing. Include your name and address, and the date you are moving out. Sign and date your letter. Keep a copy for yourself.

Taking back your notice

If you have given written notice that you are moving, and the landlord learns that you will not move on the day that you said you would, the landlord can apply for an order to take possession of the place on the day you were supposed to move. In other words, you can’t give notice that you are moving and then change your mind unless the landlord agrees in writing to let you stay.

Short notice

If you don’t give your landlord one full month’s notice in writing, and your landlord can’t find a new tenant right away, you could lose money. Your landlord could keep your security deposit or even try to make you pay the next month’s rent. If you are breaking a lease, you could be responsible for rent until the landlord re-rents the place or the lease ends.

Serving notice

The landlord can be the owner or the manager of your building, or even another tenant renting to you. There are different ways to serve the notice to your landlord that you are moving:

• In person Give the notice to the landlord at home or at the place where he or she carries on business as a landlord. You can also give the notice to an adult who lives with the landlord, or you can give the notice to the landlord’s agent. Bring a witness who has read the notice with you. Write down on your copy of the notice the time, date and place where you delivered it, and get your witness to sign it. Do not give the notice to a child. Make sure you have a witness. The law says the notice is received the same day if you deliver it in person.
• Post the notice To post the notice, attach it in a visible spot at the landlord's home, or the place where he or she carries on business as a landlord. For example, you can tape the notice to the door. Bring a witness so you can prove the date that you posted the notice. Ask your witness to read the notice before you deliver it. Do not slide the notice under the door. The law says the notice is received on the third day after you post it.
• Mailbox or mail slot Put the notice in the mailbox or through the mail slot. Bring a witness so you can prove the date that you delivered the notice. Ask the witness to read the notice before you deliver it. The law says the notice is received on the third day after it is left.
• Fax You can serve your notice by fax if the landlord has provided you with a fax number for sending notices or documents. Keep the transmittal print-out that confirms the date that the fax was received. The law says the notice is received on the third day after you fax it.
• Mail You can mail your notice by regular or registered mail. If you want proof that the landlord received your notice, send it by registered mail. The post office will give you a receipt to prove that you mailed your notice. The law says the notice is received on the fifth day after you mail it, so make sure you give yourself enough time.

Breaking a lease

A lease, also called a fixed term tenancy, says how long you will live in the place. There are two kinds of leases:

Lease with a “move out” clause

If your lease (also called a fixed term tenancy agreement) says you have to move out when the lease ends, you might not get any other notice from your landlord. If you want to stay, you must sign a new agreement with the landlord.

Lease without a “move out” clause

A lease that says you have to stay for a minimum length of time (usually one year), but doesn’t give a date when you must move out. This type of agreement lets you stay on after the lease ends and rent month-to-month. If you want to move on the date that your lease runs out, you must give a full month’s notice in writing to your landlord. See section Making Your Tenancy Agreement for more information about leases.

Breaking your lease

If you move out before the end of your lease (“break your lease”) without finding someone to take it over, your landlord can require you to pay the rent until another tenant moves in. You may be able to challenge this, if the landlord is not trying to find another tenant. Give as much notice as possible, in writing.

Charges for breaking a lease

If you move before your lease ends, you could be responsible for your landlord’s advertising and administrative costs to find another tenant. This charge is called liquidated damages. The amount should be a reasonable estimation of the cost of re-renting the place. You can dispute an unreasonable amount through a dispute resolution hearing at the Residential Tenancy Branch. Keep in mind that in addition to liquidated damages, you may be responsible for rent until the place is re-rented or your lease ends.