The Notice of Termination (“Notice”) 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 and the landlord has successfully proved the ground claimed.
Make sure to include the names of all the landlords, even if only one landlord does most, if not all the communication with the tenants. Also, make sure to include the names of all the tenants on the lease.
The Notice must specify a date of termination without doubt. Also, without a specific date and simply a time frame such as “60 days after receipt of notice” is not suffice.
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.
How to Serve the Notice of Termination
The Notice must be given to the tenant by a method set out in the Act. If the landlord has used a different method and the tenant does not admit to receiving the Notice on time, an application may be dismissed.
Types of Accepted Service:
- Handing it to the individual;
- By leaving with an adult member of the rental unit;
- By leaving it in the mail box where mail is ordinarily delivered;
- By sending it by mail to the last known address where the person resides or carries on business;
- By courier to the tenant; or
- Placing it under the door or through mail slot
If the landlord gives a tenant notice to end the tenancy, the tenant does not have to move out. If the tenant does not move out, the landlord must apply to the Board in order to evict the tenant. The Landlord and Tenant Board will hold a hearing and decide if the tenancy should end. Both the landlord and the tenant can come to the hearing and explain their side to the Landlord and Tenant Board. If the Landlord and Tenant Board orders an eviction, the eviction order can only be enforced by the Sheriff (Court Enforcement Officer).
An order of the Board evicting a tenant expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has jurisdiction where the rental unit is located.
Please note the content on this web site is provided for general information purposes only and does not constitute legal or other professional advice of any kind.