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If a landlord decides they want to end their tenancy agreement with their tenant, the first step is to provide the proper notice.  The Notice Form will change based on the reason the landlord is terminating the tenancy.

The Notice of Termination is an essential step in the landlord’s process of evicting a tenant. The Board will not terminate a tenancy and order eviction of the tenant unless the tenant has received a valid Notice of Termination and the landlord has successfully proved the ground claimed.

Information to Include in your Notice

  1. Name of all tenants;
  2. Name of all landlord;
  3. Address of the rental unit including whether it is the entire home, main floor, basement unit etc.;
  4. Date of termination- this date will vary based on the reason you are terminating the tenancy; and
  5. Signature

The Notice of Termination must specify a date of termination without doubt or condition. The courts have held that without a specific date and simply a time frame such as “60 days after receipt of notice” is not suffice.  The form references the ‘specified date’ and therefore the notice may be null without it. The landlord must set a date which allows at least the minimum period of Notice for that ground for eviction, or the longest period if there are several grounds set out in the same Notice.

Ensure that there is as much detail as possible in any notice provided to the tenant. However also keep them as clear as possible.  If a Notice is too confusing that a ‘reasonable person’ could not understand what it means, the Board will likely find the Notice defective.

Method of Service:

Under the Residential Tenancies Act, there are a number of recognized methods for service.  This includes:

(a) by handing it to the person;

(b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;

(c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit;

(d) by leaving it in the mailbox where mail is ordinarily delivered to the person;

(e) if there is no mailbox, by leaving it at the place where mail is ordinarily delivered to the person;

(f) by sending it by mail to the last known address where the person resides or carries on business; or

(g) by any other means allowed in the Rules

Note: Email is not a recognized for of service for notices of termination.

If the document given to the tenant or the method or time of service are defective, in most cases this will result in dismissal of the application or the denial of eviction. This means that you will have to commence the process all over again.