A notice of termination is a written document that one party uses to inform the other that they must or are about to vacate the premises.
Unless the landlord and tenant agree in writing upon a longer period of notice, the tenant must normally give the following notice if terminating the rental agreement:
Termination Without Reason
- If the residential premises is a site for a mobile home – landlord must give at least six months’ notice before the end of the rental period
- Fixed-term – the landlord must give at least three months’ notice before the end of the fixed term;
- Month to month – the landlord must give at least three months’ notice before the end of the rental period;
- Week to week – the landlord must give at least four weeks’ notice before the end of the rental period.
Failure to Pay Rent
Where a fixed-term or monthly tenancy exists:
- the landlord may give a tenant a termination notice that takes effect 10 days or more after the day the notice is served (when the rent is in arrears for 15 days).
- For example, rent due on June 1st, if not paid by midnight on June 15th, the landlord can issue a notice on June 16th for termination on June 26th.
Where a weekly tenancy exists:
- the landlord may give a tenant a termination notice effective not less than three days after the notice is served (when the rent is in arrears for at least three days).
Where the tenant pays the full amount of rent in arrears, plus a late fee if applied, before the date specified in the notice, the notice is void and cannot be carried out. However, this rule does not apply where notice is given to a tenant more than twice within a period of 12 months.
Termination where uninhabitable
When a tenant makes a premise unfit for habitation, the landlord can give the tenant notice that the rental agreement is terminated and that the tenant is required to leave immediately. Tenants cannot withhold rent, even if the landlord is not properly maintaining the premises. The tenant should contact the landlord in writing outlining the work that is required, and if the requested work is not completed in a “reasonable amount of time” they can contact Residential Tenancies for assistance. The tenant would then be entitled to give notice of termination if the situation is not remedied or request a hearing.
Termination for Interference with Peaceful Enjoyment
If a tenant interferes with the peaceful enjoyment of a landlord or other tenants, the landlord may give termination notice in writing to take effect not less than five days following the date on which notice was given.
Termination in Exceptional Circumstances
A tenant may give one month’s written notice, accompanied by evidence in certain circumstances. These include ill health of the tenant, the tenant’s income is reduced, ill health of a person who has been providing financial assistance towards the payment of tenant’s rent, ill health of a family member when tenant is required to take up residence with that family member, tenant admitted to a nursing home, or tenant dies.