Termination of a Life Lease by the Tenant
How does a tenant terminate their life lease?
Under The Residential Tenancies Act, the tenant can give the landlord notice of three rental payment periodsto end a life lease. They must give the notice on the last day of a rental payment period. If the life lease agreement allows the tenant to give a shorter notice, the notice period in the agreement applies.
Can a tenant terminate a life lease with less notice if there are special circumstances?
The life lease can be terminated with one rental payment period’s notice if:
- a tenant of the life lease unit is accepted into a personal care home or a doctor says the tenant can’t continue to live in the life lease unit;
- a tenant of the life lease unit dies;
- one of a group of tenants dies and, as a result, the remaining tenants can’t afford to live in the life lease unit any longer;
- a tenant is ill and, as a result, can’t afford to live in the life lease unit any longer;
- one of a group of tenants is ill and, as a result, the remaining tenants can’t afford to live in the life lease unit any longer;
- the landlord reduces or withdraws a facility or service and it is unreasonable for the tenant to continue to live in the life lease unit; or
- the landlord has failed to fulfill their obligation and the tenant has already given the landlord a written demand to do so; in this case, the tenant should contact the Branch for more information before giving the notice.
Does a tenant’s notice of termination need to be in writing?
A tenant can give notice verbally, but it’s a good idea for them to put it in writing. The tenant should keep a copy for their records.
If a landlord wants the notice in writing, they can prepare a written notice for the tenant to sign. If the tenant doesn’t sign it, then they haven’t given notice.
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