Notice of Termination

 Notice by a Landlord - Compensation for Moving Expenses

s. 98, 99, 102, The Residential Tenancies Act
s. 21, Residential Tenancies Regulation
 

Temporary tenancy: when the landlord rents their home as a rental unit for a temporary period, with the understanding that, the landlord will require the rental unit for their own use at the end of this time. Or, a landlord of a life lease complex rents a unit to a non-life lease tenant on the understanding that the landlord can give the tenant notice of three rental payment periods.
 

These policies do not apply to temporary tenancies.

A landlord may end a tenancy if they:

• need a rental unit for their own use; or
• sell the unit and the new owner wants to move in.

When a landlord gives notice for either of these reasons, they are responsible to pay the tenant’s reasonable moving expenses, to a maximum of $350.00.

A tenant is entitled to moving expenses even if the tenant gives notice after receiving notice from the landlord. In these situations, the tenant must give notice of at least one rental payment period. For example: A landlord gives a tenant notice on June 28 asking the tenant to move on September 30. The tenant finds a new unit for September 1 and on July 29 gives the landlord notice for August 31.

A tenant may claim compensation for:

• renting a vehicle;
• hiring professional movers;
• the cost of transferring utility or service connections;
• the cost of filing a change of address with Canada Post for mail re-direction;

• other reasonable expenses; this may include the cost of gas or the cost of buying food for people who help the tenant move.

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Whenever possible, a tenant should submit copies of receipts for their expenses to the landlord. If a landlord and tenant can’t agree on an amount for moving expenses, either the landlord or tenant can ask the Branch for assistance. The Branch generally requires receipts from the tenant to support the claim for expenses.

When awarding compensation, if a tenant moves their own belongings, the Branch may consider:

• the size of the rental unit;
• the amount of furniture the tenant has;
• the distance moved;
• the complexity of the move.

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If a tenant believes a landlord or purchaser did not act in good faith when giving a notice, the tenant may ask the Branch to award compensation for their additional expenses. For example: If a tenant pays a higher rent for their new rental unit, they may ask for compensation for the difference in the rent for up to a year. The Branch may consider whether the new unit is comparable to the old one when awarding compensation for the difference in rent. For example: If the tenant was renting a one bedroom unit and decides to move to a two bedroom unit, the Branch may not award compensation for the difference in rent. Or, if the tenant decides to move to a complex with additional services included in the rent (i.e. recreation facilities, parking), the Branch may not award compensation for the difference in rent.

If a tenant alleges that a landlord or purchaser did not act in good faith, the tenant should give the Branch information or evidence to support their claim. This information or evidence may include the name and phone number for a new tenant in the rental unit. For example: The landlord gives the tenant notice to move because they plan to do extensive renovations. Shortly after moving out, the tenant notices that someone new is living in the unit. The tenant goes to the unit and speaks to the new tenant. They learn that the landlord did not do any renovations before allowing the new tenant to move in.

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Overview

Either a landlord or tenant can ask the Branch for information on moving expenses. They can also ask the Branch to help them solve a disagreement about moving expenses, through mediation or by making a decision and issuing an Order.
 

Steps

1. When a tenant or landlord asks the Branch for help with a moving expense problem, an officer asks the tenant to provide receipts for their actual expenses or to estimate their moving costs. The officer may also ask the tenant for a copy of the notice they received from the landlord.
    

2. The officer sends a letter to the landlord to outline the tenant’s request and to ask for the landlord’s response.
    

3. If the landlord and tenant agree on the moving costs, the officer writes up a mediated agreement.
    

4. If the tenant and landlord can’t agree, the Branch schedules a hearing to decide the landlord’s responsibility for moving costs and/or additional expenses. In the case of additional expenses, if the landlord gave notice at the request of the purchaser, the Branch will also notify the purchaser about the hearing.
    

For information on mediation, see Section 1.
For details on enforcing an Order, see Section 11.
Hearings are covered in Section 11.
 

March, 2004

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