An Overview To Terminating A Tenancy
Fault Terminations
- Can be done prior to the end of the lease
- 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
- Can only be given at the end of the term
- 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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