If one tenant’s
income decreases because of illness and the other tenants can’t
afford the rent, they can give at least one rental payment
period notice to move out. The tenants must give the
landlord a doctor’s certificate about the illness with the
notice.
If one tenant’s income
decreases because of illness and the other tenants can’t afford
the rent, they can give at least one rental payment period
notice to move out. The tenants must give the landlord a doctor’s
certificate about the illness with the notice.
Ø One Tenant on
Tenancy Agreement
If a tenant dies, the
tenant’s estate can give at least one rental payment period
notice to end a tenancy.
Ø Two or More
Tenants on Tenancy Agreement
If one tenant dies, and the remaining tenant
or tenants can’t afford the rent, they can give one rental
payment period notice to move out.
Section 59(1) of the Act says that a
landlord must provide and maintain the rental unit and
residential complex in a state of good repair that complies with
health, building and occupancy standards.
If a tenant believes the landlord is not
meeting this obligation, they can give notice of at least one
rental payment period to end their tenancy. However, before
a tenant can give notice, they must give the landlord a written
demand to perform the obligation within a reasonable period of
time. The tenant should keep a copy of the demand for their own
records. When asking a landlord to do repairs, a tenant needs to
consider how long it should take the landlord to do the work and
whether it’s possible for the landlord to do it. Some repairs,
like roofing, can only be done on a seasonal basis.
If the landlord doesn’t do the repairs and
the tenant decides to end the tenancy, they should consider
contacting the appropriate inspection agency to get support for
their complaint about the rental unit or complex. For
example: The tenant could call the local public health inspector
or building inspector.
If the landlord doesn’t agree that the tenant
had the right to give notice, the landlord may file a claim
against the tenant for any losses they suffer because of the
termination of the tenancy. The tenant may need evidence to show
that the landlord breached the obligation to maintain the unit
or complex.
A tenant doesn’t have to give the landlord a
written request to correct a problem if they are ending the
tenancy because their health or safety is at risk. A tenant can
give five days’ notice to move out if their health is at
risk. The day on which a notice is served or delivered can’t be
counted or included in the period of notice. For example: A
five-day notice, given to a landlord on Monday, takes effect on
Saturday, not Friday.
If their rental unit is in such bad condition
that it is impossible for them to continue to live in it, they
may be able to move out immediately. The Branch
recommends that the tenant contact the appropriate inspection
agency in these situations. If there’s a dispute later over
whether the tenant had the right to give a short notice, the
inspector can give information on the condition of the unit.
If a tenant believes that a landlord is not
meeting any other obligations under the Act or their
tenancy agreement, they can give notice of at least one
rental payment period to end their tenancy. However, before
a tenant can give notice, they must give the landlord a written
demand to perform the obligation within a reasonable period of
time. The tenant should keep a copy of the demand for their own
records.
If the landlord doesn’t agree that the tenant
had the right to give notice, the landlord may file a claim
against the tenant for any losses they suffer because of the
termination of the tenancy. The tenant may need evidence to show
that the landlord breached an obligation under the Act or
tenancy agreement.
If a tenant terminates a tenancy because a
landlord hasn’t met their obligations, the tenant may file a claim
for compensation against the landlord for their moving expenses. 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 redirection;
-
other reasonable expenses; this may include the cost of gas or
the cost of buying food for people who help the tenant move.
When awarding compensation, if a tenant moves
their own belonging, 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.
If a landlord wants a
rental unit for the above uses, they must give a tenant notice
at least three months before the end of the tenancy agreement.
When a tenant gets this kind of notice, and they want to move
before the end of the tenancy agreement, they can give the
landlord at least one rental payment period notice. For
example: The tenancy agreement ends on September 30. The landlord
gives notice on or before June 30 that they won’t be renewing the
agreement. The tenant may give notice on or before July 31 to end
the tenancy on August 31.
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A landlord is required to offer the tenant a
tenancy agreement renewal at least three months
before the end of the existing agreement. If a landlord doesn’t
offer a renewal, a tenant may leave at the end of the existing
agreement without notice to the landlord.
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If
the landlord doesn't give the tenant a new tenancy agreement on time
as required by the legislation, and the tenant continues to live in
the rental unit after the end of the existing tenancy agreement, the
agreement is renewed for another term. When an agreement is
automatically renewed because of a landlord's failure to offer a
renewal, the tenant may terminate the renewal agreement by giving
the landlord notice of one rental payment period.
For example: When an
agreement is automatically renewed from October 1 to September 30,
the tenant can give notice on or before March 31 to end the tenancy
on April 30.
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A tenant may give notice orally. But a landlord may ask a tenant to
sign a notice to confirm that they plan to move. If the tenant
won’t sign the notice, they haven’t given proper notice and the
tenancy will continue.
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When a tenancy is ending, the Branch encourages a landlord and
tenant to discuss move-out arrangements ahead of time.
For example: booking an elevator, or if necessary; setting up an
appointment to complete a rental unit condition report. A tenant
doesn’t have the right to stay in a rental unit beyond the last day
of a notice period. If a tenant needs to stay in a rental unit until
the first day of the next rental payment period, they must make
special arrangements with the landlord.
A tenant who gives notice, but doesn’t move or
moves late, is responsible to compensate the landlord for any losses
they cause. Depending on the circumstances, a tenant may be
responsible to pay the landlord compensation for rent or use and
occupancy of the rental unit. If the landlord has new tenants and
has to find them alternate accommodation, the tenant may be
responsible for those expenses too.
