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At the End of a Tenancy

If you wish to end your tenancy, you must give your landlord notice in writing, using the correct form. You must serve the notice in person, or send it by registered mail. There are two ways to end a tenancy:

  1. At the end of a lease period
  2. Type of Tenancy
  3. Early Termination
  4. Notice to Quit
  5. Security Deposits
  6. Your Belongings

At the end of a lease period

You do not need to give a reason to end a lease at the end of a term.

You must give your landlord your Notice to Quit before the due date of the rent in the appropriate month and it is effective the last day of the rental period. Example - if the rent is due on the first of the month, the Notice to Quit has to be given no later than the last day of the month before. If the rent is due on the 10th of a month the Notice to Quit has to be given no later than the 9th of the month.

If you leave without proper notice, you are still responsible for your lease until your landlord can re-rent the unit. The landlord must take steps to do this efficiently.

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Type of Tenancy

Year-to-year

At least 3 full months before the anniversary date

Month-to-month

At least 1 full month before the end of any month

Week-to-week

At least 1 full week before the end of any week

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Early Termination

In certain circumstances you may leave before the end of your lease. You may need to provide extra documents to do so.

If your income is reduced as a result of a decline in your health and you are not able to pay the rent, you must have your doctor complete a medical form. Give a copy of the completed medical form and one tenancy month written Notice to Quit form to the landlord. The landlord may request proof of a reduction of the income. (see "Downloadable Forms.")

You must serve any co-tenants in the unit. The lease will be terminated for those tenants as well. They may enter into a new lease if the landlord agrees. The landlord must have a good reason for not agreeing.

If your health has deteriorated and you cannot live in the unit, you must have your doctor complete a medical form. Give a copy of the completed medical form and one tenancy month written Notice to Quit form to the landlord.

You must serve any co-tenants in the unit. The lease will be terminated for those tenants as well. They may enter into a new lease if the landlord agrees. The landlord must have a good reason for not agreeing.

If you have been accepted into a nursing home, you can give one tenancy month written Notice to Quit form to the landlord with a letter confirming the acceptance into the home.

If you are a personal representative who wishes to give notice because a tenant has died, you may give one tenancy month written Notice to Quit using the form. A death certificate may be requested by the landlord.

If you have a new job, a work transfer, or need to leave early for any other reason, you must sublet or assign your lease. (See "Letting Someone Else be Responsible for your Lease.")

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Notice to Quit

Your landlord can give you Notice to Quit (end your lease) for two main reasons.

Rental Arrears

If you do not pay your rent, once your rent is 15 days late, your landlord may give you a 15 day Notice to Quit. If you don't pay your rent within those 15 days, you will have to leave.

If you pay your rent before the 15 days are over, the Notice to Quit will be set aside and your lease will continue as it did before. You may wish to talk with your landlord to reassure them that you will continue to pay your rent.

If your landlord gives you a Notice to Quit and you believe you have paid the rent, you may dispute the notice. (See "If There are Problems.")

Not Complying with Your Lease

If you do not follow the rules given in your lease regarding the condition of the unit (damage, failing to clean) or your behavior (disturbing other tenants), or if you sublet or assign your lease without permission of the landlord, your landlord may give you a 15 day Notice to Quit. If your landlord gives you a Notice to Quit and you disagree with the reasons, you may dispute the notice. (See "If There are Problems.")

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Security Deposits

You may not deduct the amount of the security deposit from your final rent payment. Your landlord is required to return your deposit to you within 10 days of the last day of your tenancy.

If the landlord wants to keep all or part of the deposit he/she must get your permission in writing. If you do not give this consent, the landlord must file with the Residential Tenancies program within 10 days of the end of the tenancy. The landlord must send a copy to you.

The 10 days does not necessarily start from the time you move out. (For example, you give Notice to Quit that gives your last day as the 30th of June, but leave on the 15th of June. The time for the return of the deposit starts on the 30th.)

You should give the landlord an address where he/she can send the security deposit or make arrangements to collect it.

The security deposit can be used against rent owing or damages. Tenants are not responsible for the normal decline/deterioration of the premises during the tenancy.

If you do not consent to the landlord keeping your deposit and do not receive it within 10 days of the last day of your tenancy (not necessarily the last day you live there), contact the landlord and request the return of the deposit.

If the landlord does not return your deposit, file an Application to the Director to formally request it.(See "If There are Problems.")

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Your Belongings

Take all of your belongings with you when you leave. If you are unable to take something, but want to come back for it later, ask your landlord if he or she is willing to store it for you. The landlord can charge to store items.

If there are items you do not wish to move, dispose of them in the appropriate manner, whether it is selling the item or placing it in the garbage.

If you do not remove everything from your unit, the landlord must make a list of all items left behind. The list should be complete, but does not have to be detailed (for example, if there is a box of magazines, it is enough to state that, it is not necessary to list each issue.)

If you have intentionally left the items and the landlord feels the items are unsafe, unsanitary, or of little financial value, the landlord may dispose of them.

The landlord must store item for 60 days. If you wish to claim the items, you may have to pay the landlord the cost of moving and storing them.

The landlord should file the list of items with the Residential Tenancies program and send a copy to you. After 60 days, the landlord can request permission to sell any items that have value, using the process given in the regulations.

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