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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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A tenant on a month-to-month tenancy agreement,
must give the landlord at least one rental payment period notice
to end a tenancy. The tenant must give the landlord the notice on
the last day of the rental payment period to move out on the last
day of the following period. For example: If a tenant’s rent is
due on the first of the month, they have to give notice on or before
March 31 to move out on April 30; or, if the tenant’s rent is
due on the 15th of the month, they have to give notice on
or before March 14 to move out on April 14.
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In some cases, a tenant may be able to give less
than one rental payment period notice. A tenant can give five
days’ notice to move out if their health or safety 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 the 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 a
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
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:
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renting a vehicle;
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hiring professional movers;
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the cost of transferring utility or
service connections;
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the cost of filing a change of
address with Canada Post for mail redirection;
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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 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.
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, if necessary; or 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.
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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.
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