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Tenants and landlords may terminate a rental agreement for a variety of reasons, such as:
- the agreement was breached
- the tenant found another place to live
- the landlord wants to end the tenancy for a prescribed reason
Ending a fixed term
A fixed term tenancy ends on the day specified in the rental agreement, unless both parties agree to an early termination. For example, if the fixed term is from January 1 to December 31, the tenancy automatically ends on December 31. Unless the tenant and landlord make other arrangements, the tenant has to move out by noon on December 31.
The landlord or tenant does not need to give notice to end a fixed term tenancy. It is courteous if the landlord or tenant provides a reminder before the end of the tenancy agreement.
Ending a periodic term
A landlord may end a periodic tenancy if:
- the landlord or a relative of the landlord wants to move in
- ‘relative’ includes any relative by blood, marriage, adoption or adult interdependent relationship
- the landlord agrees to sell the rental premises, all conditions of the sales agreement have been satisfied or waived and the buyer or a relative of the buyer wants to move in
- the buyer must ask the landlord in writing to give the tenant a notice to end the tenancy
- the landlord intends to demolish the rental premises
- the rental premises are a detached or semi-detached dwelling or one condominium unit and the landlord agrees to sell the rental premises and all conditions of the sales agreement have been satisfied or waived
- in these cases, the buyer must ask the landlord in writing to give the tenant a notice to end the tenancy
- neither the buyer nor the buyer’s relatives have to occupy the rental premises
- the landlord is an educational institution, and the tenant was a student at the beginning of the tenancy but is no longer a student
- the landlord intends to use or rent the rental premises for a non-residential purpose
If a landlord intends to do major renovations that require the rental premises to be vacant or the landlord intends to convert the premises to a condo unit, the landlord must give the tenant one year’s notice to terminate the periodic tenancy. Major renovations do not include painting, replacing floor coverings, or routine maintenance.
Fixed term tenancy
The fixed term tenancy ends without notice on the date stated in the rental agreement. The landlord and tenant can agree to continue after the end of the fixed term.
To end a periodic tenancy agreement, landlords and tenants must give written notice to the other party.
The written notice must include all of the following information:
- the address of the rental premises
- the date the tenancy will end
- the signature of the person giving notice
Landlords must also include their reasons for ending the tenancy.
Amount of notice required
The required notice depends on who is giving the notice and the type of tenancy.
The tenant or landlord must give one week of notice.
The tenant must give one month of notice. The landlord must give 3 months of notice.
The tenant must give 60 days notice before the last day of a tenancy year to be effective on the last day of the tenancy year. The landlord must give 90 days notice before the last day of a tenancy year to be effective on the last day of the tenancy year.
When notice has to be given
Notice must be given on or before the first day of the tenancy week. The tenancy will end on the last day of the tenancy week.
Notice by a tenant must be given on or before the first day of the tenancy month. The tenancy will end on the last day of the tenancy month.
Notice by a landlord must be given on or before the first day of the 3 month notice period.
For yearly tenancies, notice by a tenant must be given on or before 60 days before the last day of a tenancy year to be effective on the last day of the tenancy year.
Notice by a landlord must be given on or before 90 days before the last day of a tenancy year to be effective on the last day of the tenancy year.
If the date the notice is due falls on a holiday (for example, January 1 or July 1) the next business day becomes the due date.
Late service of notice
If a notice is served late, it will be effective at a later date.
A late notice means the tenancy will end on the last day of the next complete tenancy week.
A late notice means the tenancy will end on the last day of the next complete tenancy month.
For example, a tenant has a monthly tenancy that lasts from the first day of the month to the last day of the month. If the tenant gives notice on June 2 to end a monthly tenancy on June 30, the tenancy will instead end on July 31.
A late notice by tenant means the tenancy will end 60 days from the date on which the notice is served.
A late notice by a landlord means the tenancy will end 90 days from the date on which the notice is served.
How to serve
Required notices must be delivered in person or by registered mail. Tenants should use the mailing address provided in the ‘notice of landlord’. Landlords should use the mailing address of the rental premises.
If the tenant is absent from the rental premises or evading service, the landlord may:
- give the notice to an adult who appears to live with the tenant, or
- post the notice in plain sight on the residential rental premises
If a landlord or tenant cannot serve a notice as indicated above, the notice may be sent electronically. If it is sent electronically, the person receiving the notice must also be able to print a copy.
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