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Termination Notices

Sections 17 to 25 _ Residential Tenancies Act

A Termination Notice is a written document that one party uses to inform the other party that they must or are about to vacate the premises. The landlord and tenant cannot agree to give verbal notice. A Termination Notice must be signed by the person giving notice, identify the premises, and state the date of termination.

Termination Without Reason

Sections 17(2) and 17(3) _ Residential Tenancies Act

Except where the parties have agreed in writing for a longer period of notice, the notice shall be as follows:

• When the residential premises are a site for a mobile home, by the landlord not less than 6 months and by the tenant not less than one month, before the end of the rental period.
• If the premises are rented for a fixed term, by the landlord not less than three months before the end of the fixed term, and by the tenant not less than two months before the end of the fixed term.
• If the premises are rented from month to month, by the landlord not less than 3 months, and the tenant not less than 1 month before the end of the rental period.
• If the premises are rented from week to week, by the landlord not less than 4 weeks and by the tenant not less than 1 week before the end of the rental period.

Termination in Exceptional Circumstances

Section 17(5) to 17(9) _ Residential Tenancies Act

Where a notice period required is more than one month, a tenant, and other tenants in the same residential premises may terminate the tenancy by giving one month's notice to the landlord accompanied by evidence when, in the event of:

• 17(5) ill health, the tenant's income is reduced;
• 17(6) ill health of a person who has been providing financial assistance towards the payment of a tenant's rent;
• 17(7) ill health of a family member, when the tenant is required to take up residence with that family member;
• 17(8) a tenant being admitted into a nursing home or similar facility as a permanent resident;
• 17(9) a tenant's death.

Termination for Arrears of Rent

Section 18(1) _ Residential Tenancies Act

Where a fixed term or monthly tenancy exists and the rent is in arrears for 15 days, a landlord may give a tenant a termination notice effective not less than 10 days after the day the notice is served.

Where a weekly tenancy exists and the rent is in arrears for at least 3 days, the landlord may give a tenant a termination notice effective not less than 3 days after the notice is served.

NOTE: If the rental arrears, (plus a late fee, if applied) are paid in full on or before the termination date, the Termination Notice is cancelled. However, where a notice for rental arrears is given to a tenant more than twice in the same 12_month period, the payment of all rental arrears on or before the termination date will NOT cancel the notice. A landlord may request the tenant to comply with a third notice and vacate the premises.

Termination for Material Breach

Section 19 _ Residential Tenancies Act

A material breach of a rental agreement includes an activity, work, project or thing that affects the value or integrity of the tenant's residential premises, or other residential premises in the residential complex in which that tenant's premises are located.

A possible material breach of a rental agreement (written or verbal) may occur when:

• a tenant is smoking or keeping a pet in the premises in contravention of the agreement;
• a landlord discontinues or causes discontinuance of a service such as laundry facilities, cable television or a parking space as required under the agreement.

Where a landlord or a tenant commits a material breach, the party committing the material breach may be given written notice of the breach along with a request to remedy it within a reasonable time.

When the party fails to remedy the breach, the other party may give a written notice of termination as follows:

• where the premises are rented monthly, for a fixed term or are a site for a mobile home not less than one month before the end of a rental period;
• where the premises are rented weekly not less than one week before the end of the rental period.

Termination for Premises Uninhabitable

Section 20 _ Residential Tenancies Act

Where a landlord fails to keep the premises fit for habitation, or where the tenant makes a premises unfit for habitation, a landlord or tenant may give Notice of Termination effective immediately. Example: Disconnection of utilities such as heat or water.

Damage to the Premises

Section 21(2) _ Residential Tenancies Act

If a tenant causes damage to the rented premises, or fails to keep the premises clean, the landlord may give a written notice requesting the tenant to repair the said damage or to clean the premises within 3 days or a longer period given the circumstances. If the tenant fails to comply the landlord may give to the tenant a Notice to Terminate to take effect not less than 5 days following the date on which the notice was given.

Termination for Interference with Peaceful Enjoyment

Section 22 and 23 _ Residential Tenancies Act

If the landlord interferes with the peaceful enjoyment of the tenant, the tenant may give a written Notice of Termination to take effect not less than 5 days, but not more than 14 days following the date on which the notice was given.

If the tenant interferes with the rights of the landlord or other tenants in the residential complex, the landlord may give a written Notice of Termination to the tenant to take effect not less than 5 days following the date on which the notice was given.

Group Eviction

Section 24 _ Residential Tenancies Act

When a landlord serves a Notice of Termination or refuses to renew rental agreements to not less than ½ the tenants in a residential complex, this results in group eviction. If a tenant is served with a Notice of Termination under group eviction, the tenant may give a written Notice of Termination to the landlord of not less than 10 days and will be required to pay rent only up to the date the tenant vacates.

Termination for Invalid Purpose

Section 25 _ Residential Tenancies Act

A landlord shall not serve a Notice of Termination in retaliation of the tenant filing a complaint or an application to ensure the tenant's rights. A tenant who feels that this is the case may apply to the Director not later than one month after receiving a notice to determine if the notice is valid.

Service _ Notice or Document

Section 30 _ Residential Tenancies Act

A Notice or document must be served under the procedure outlined in the Act. This service procedure does not apply to an Application filed with the Residential Tenancies Division under Section 35, subsection 3.

A tenant may serve a landlord by:

• giving it personally to the landlord or a person 16 years of age or older residing with the landlord;
• posting it in a conspicuous place on the landlord's premises;
• placing it in a mailbox or under a door of the landlord's premises;
• sending it by registered mail, express post or courier to where the rent is payable or where the landlord carries on business; or
• a method authorized by the director.

Where the landlord is a company, the notice or document may be served by:

• giving it personally to a company director, manager or officer;
• leaving it at the registered office of the company; or
• sending it to the registered office of the company by registered mail, express post or courier.

A landlord may serve a tenant by:

• giving it personally to the tenant or a person 16 years of age or older residing with the tenant;
• posting it in a conspicuous place on the tenant's premises;
• placing it in a mailbox or under a door of the tenant's premises;
• sending it by registered mail, express post or courier at an address provided by the tenant or where the tenant carries on business; or
• a method authorized by the director.