Residential Tenancies Branch

Section 7 

Notice of Termination

Sub-Section 7.2

Notice by a Landlord or Caretaker/Employee Unit

Legislation

s. 94, 97, The Residential Tenancies Act

Definitions

Caretaker’s unit:  a rental unit a landlord provides to a caretaker or resident manager.

Employee unit: a rental unit an employer/landlord provides to an employee during their employment.

Notice of Termination: a written notice by a landlord to end a tenancy.

Order of Possession: a written Order, issued by the Branch, that enforces a Notice of Termination. The tenant must move out of a rental unit on or before a set date.

School age children: for the purpose of this policy, school age children are children enrolled in kindergarten and up to, and including, Grade 12.

Policy

When a landlord terminates a caretaker’s or employee’s employment, they may give the caretaker or employee notice to move out of the caretaker or  employee  unit.  The  landlord  must  give  notice  of  at l east  one rental payment period and they must give the notice within three rental payment periods of ending the employment.

Depending on the agreement between the landlord and the caretaker/ employee, a rental payment period may be less than a month.  For example: A landlord and a caretaker/employee have a semi-monthly tenancy rather than a month-to-month agreement. The landlord deducts the caretaker’s rent from their paycheque every two weeks. To end the tenancy, either the landlord or thecaretaker may give two weeks notice.

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Generally, a landlord who fires or dismisses a caretaker with school age children can’t ask them to move during the school year, unless the caretaker doesn’t meet their obligations as a tenant.

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When a caretaker or employee receives a notice of termination of their tenancy, they may tell the landlord they plan to leave right away. They are not required to stay until the end of the landlord’s notice period.

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Sometimes a landlord hires an existing tenant as a caretaker or other employee. The caretaker or employee may continue to live in the same rental unit. If so, when the employment ends, the caretaker or employee is entitled to stay in the rental unit. In some cases, the landlord may still ask the Branch to order the former caretaker or employee to move.  For example: The landlord fires a caretaker, but the caretaker remains living in their rental unit. The former caretaker interferes with the new caretaker’s performance of their duties. The landlord may ask the Branch to order the former caretaker to move so the new caretaker can do their job properly.

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After a caretaker’s or employee’s employment ends, they are responsible to pay rent if they plan to stay in their rental unit. If there is a tenancy agreement or employment contract, it may show the monthly rent and the due date. If there isn’t a tenancy agreement or contract, it may be difficult to decide how much rent the former caretaker or employee must pay or when they must pay it. If the information is not clear, the parties may ask the Branch for assistance. When setting the rent, the Branch may consider:

• the rent for the unit before the start of the employment; and/or
• the rent for comparable units.

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The Branch has no authority to deal with unpaid wages or severance pay. If a caretaker or employee has questions about wages, they should contact the Department of Labour.

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The Branch has no authority to deal with a claim of wrongful dismissal. If a caretaker or employee feels they were unjustly fired, they should speak with a lawyer.

Procedure

Overview   

A landlord, caretaker or employee can ask the Branch for information on how to end a tenancy. They can also ask the Branch to help them end a tenancy through mediation or by making a decision and issuing an Order.

Steps ▼   

1.   The officer encourages the landlord and caretaker or employee to share       information, and to discuss the problem, to try to come to an agreement.

2.   When a landlord, caretaker or employee asks the Branch for help with a       notice of termination of tenancy problem, an appropriate officer follows       the procedures for:

• mediation
• orders of possession
• hearings

Forms & Form Letters

Notice of Termination by Landlord
...............................................................Form 5/Residential Tenancies Regulation

X-Referencing

For information on Mediation, see Section 1.
Orders of Possession are dealt with in Section 8.
Hearings are covered in Section 11.

Policy Developed

March, 2004*

Last Revision

Other Resources

None

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