|
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 least 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 the
caretaker may give two weeks notice.
<><><><>
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.
<><><><>
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.
<><><><>
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.
<><><><>
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.
<><><><>
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.
<><><><>
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.
|
