End of Tenancy (Termination and Eviction) (19:XI): Difference between revisions
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End of Tenancy (Termination and Eviction) (19:XI) (view source)
Revision as of 00:52, 3 July 2016
, 3 July 2016→b) Cause
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==== b) Cause ==== | ==== b) Cause ==== | ||
The minimum notice given by a landlord where there is cause is one month, effective on the last day of the ensuing rental period (RTA, s 47). | The minimum notice given by a landlord where there is cause is '''one month''', effective on the last day of the ensuing rental period (RTA, s 47). Practically speaking, the full month requirement means notice must be received the day before rent is due, so notice given on May 31 is effective to end the tenancy on June 30, but notice given June 1 would be effective to end the tenancy only on July 31. A tenant may '''dispute''' a notice under this section by applying for dispute resolution '''within 10 days''' after the date the tenant receives the notice. The minimum notice of one month does not apply if the tenant is engaging in illegal activity. | ||
==== c) Landlord’s Use of Property ==== | |||
Section 49 of the RTA requires that a landlord give at least '''two month''' notice if he or she wishes to take back the property for personal use: see s 49(2). '''A tenant has 15 days to apply for dispute resolution to challenge the notice.''' | |||
==== d) End of Employment as a Caretaker ==== | |||
Where the ground for eviction is end of employment as a caretaker or manager of the premises (RTA, s 48), the tenant must file for dispute resolution to dispute the Notice to End Tenancy within 10 days of receiving it (s 48(5)). The notice period must be at least one month after the date the tenant receives notice, not earlier than the last day the tenant is employed by the landlord, and the day before the day in the month, or in the period on which the tenancy is based, that rent, if any, is payable under the tenancy agreement. | |||
==== e) Early End to Tenancy ==== | |||
Under the RTA, s 50, if the landlord gives a tenant a notice to end a periodic tenancy under s 49, a tenant may end a tenancy early by giving 10 day notice for a date earlier than that specified by the landlord at any time during the period of notice and pay rent up to the end of that 10 days. This does not apply to tenants in a fixed-term tenancy. | |||
A tenant may end a tenancy early if they believe the landlord has not complied with a material term of the tenancy agreement, regardless of whether they have a fixed-term tenancy agreement or a month-to-month tenancy agreement. The tenant must first write the landlord describing the problem, stating they believe it is a breach of a material term of the tenancy agreement, asking the landlord to fix the problem and stating that if the problem is not fixed by a reasonable deadline [stated in the letter] they will end the tenancy early. The tenant must give the landlord a chance to fix the problem. If the landlord does not fix the problem by the deadline, the tenant may end the tenancy by writing the landlord a second letter stating they are ending the tenancy. The tenant may not end the tenancy until the landlord has received the second letter. | |||
A landlord may end a tenancy early by applying to the Residential Tenancy Branch for dispute resolution, seeking an order ending the tenancy early and an Order of Possession. The usual rules about service and notice to the tenant apply. The landlord must prove the tenant has: | |||
*significantly interfered with or unreasonably disturbed another occupant or the landlord; | |||
*seriously jeopardized the safety, rights or interests of the landlord or another occupant; | |||
*engaged in illegal activity that has caused or could cause damage to the property, disturb or threaten the security, safety or physical well-being of another occupant, or jeopardize a lawful right or interest of another occupant or the landlord; or | |||
*caused major damage to the property or put the landlord’s property at significant risk. | |||
At the dispute resolution hearing, the landlord must provide convincing evidence that justifies not giving full notice and demonstrate it would be unreasonable or unfair to wait for a notice to take effect. | |||