Terminating Tenancy

An Overview To Terminating A Tenancy

 Fault Terminations

  1. Can be done prior to the end of the lease
  2. The reason must be one listed under the Act, specifically sections 59-67.
Reason for Termination Form Number of days for Notice
Non-payment of rent N4 At least 14 days
Misrepresentation of Income N6 At least 20 days
Illegal acts in the unit N6 At least 20 days, unless the illegal act pertains to the production, trafficking or possession for the purpose of trafficking of drugs, then it is 10 days
Damage to the unit N5 If it’s the first N5 being served within 6 months, then at least 20 days. If second N5, then at least 14 days
Overcrowding N5 If it’s the first N5 being served within 6 months, then at least 20 days.If second, then at least 14 days
Effecting reasonable enjoyment of other tenants N5 If it’s the first N5 being served within 6 months, then at least 20 days. If second, then at least 14 days
Seriously impairs safety N7 At least 10 days

No Fault Terminations

  1. Can only be given at the end of the term
  2. Should be given in good faith
Reason for Termination Form Number of days for Notice Remember: 
Personal Use by Landlord or immediate family member or purchaser N12 At least 60 days, cannot be prior to the last day of the tenancy The person who requires the unit must reside in the unit for at least a year and the landlord must provide one month’s rent as compensation
Demolition N13 At least 120 days, cannot be prior to the last day of the tenancy The Landlord must give their tenant 3 months rent as compensation or offer a suitable rental unit
Extensive Repair N13 At least 120 days, cannot be prior to the last day of the tenancy If the tenant is not going to move back in after construction, the landlord must give them 3 months rent as compensation. If they are, they must give them 3 months rent as compensation or compensation for the amount of time the unit was under construction; whichever is less
Converting the Unit N13 At least 120 days, cannot be prior to the last day of the tenancy The Landlord must give their tenant 3 months rent as compensation or offer a suitable rental unit

Good Faith Requirement:

When providing these any of these notices, the landlord must do so in good faith. It is deemed that the notice is given in good faith and the onus is on the tenant to prove otherwise. The test of good faith is a genuine intention to occupy.

 

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