FAQs - Ending a Tenancy

Ending a Tenancy - FAQ

HOW CAN A TENANT END A TENANCY?

1. How much notice does a tenant have to give if they want to move out? When a tenant decides to move, they must provide a written notice of termination to the landlord. The tenant must provide at least 60 days notice before the next payment day. If there is a lease with more than 60 days remaining it will be the last day of the lease term. For example, if it’s a monthly tenancy that begins on the first day of each month and the tenant gives the landlord notice on June 15th, the termination date would be August 31 st .

2. Can a tenant break a lease? Breaking a lease means that a tenant wants to leave their unit before the end of their tenancy term. For example, a tenant who signed a one year lease might want to leave their unit in the eighth month. A tenant and landlord can mutually agree to break a lease. If the landlord is not willing to break the lease, the tenant has the right to sublease the unit to a new tenant with the landlord’s consent.

3. What is the difference between assigning and subletting a unit? Assigning a unit means that the tenant moves out of the unit permanently and transfers their tenancy to the new tenant. All the terms of the original rental agreement stay the same. Subletting a unit means that the tenant moves out of their unit for a specific period of time with the intent of moving back into the unit prior to the end of the tenancy. The person who moves in is known as a subtenant. They are responsible to pay the rent to the original tenant who then pays the landlord. A landlord cannot unreasonably refuse the tenant to sublet the unit.

4. What happens if a tenant assigns or sublets their unit without the landlord’s consent? If a tenant assigns or sublets their unit without their landlord’s consent, it is an unauthorized assignment or sublet. A landlord can file an application with the Board to evict both the tenant and the unauthorized occupant. However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.

Ending a Tenancy - FAQ

HOW CAN A LANDLORD EVINCT A TENANCY?

1. What is the process for evicting a tenant? Before a landlord can apply to the Board to evict the tenant, they must first serve the tenant a Notice of Termination informing the tenant the reason for eviction. For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem prior to filing the application with the Board. The number of days the tenant has to correct the problem is set out in the notice. If the tenant does not correct the problem and/ or does not move out, the landlord can file an application with the Board; in most situations a hearing will be scheduled. At the hearing, the parties appear in front of a representative of the Board.

The representative will make a decision after listening to each party. The tenant will then have to vacate by a specific date. If the tenant doesn’t move out, the landlord can file this order with the Court Enforcement Office. Only the Sheriff can evict a tenant as directed by an eviction order issued by the Board.

2. Can a tenant be evicted without a hearing? Yes, for some types of applications an ex part order can be issued without holding a hearing.

3. For what reasons can a landlord legally evict a tenant when things go wrong? In the scenarios of non-payment of rent, interfering with others, damaging the property, overcrowding, illegal activities, and dangerous behaviour, the landlord can evict the tenant prior to the end of the lease. In the scenario where the tenant persistently pays the rent late the landlord will have to wait until the end of the lease term. In all the above cases you will have to file with the Board to obtain an eviction notice.

4. Can a tenant be evicted for having a roommate? No, a tenant cannot be evicted for having a roommate. However, a tenant may be evicted if the roommate is causing a problem for the landlord or for other tenants. For example, if the roommate is making a lot of noise, damaging the unit or overcrowding, the landlord can serve a notice of termination and apply to evict the tenant and any other occupants of the unit.

5. Can a tenant be evicted if the landlord wants to use the unit themselves? Yes, a tenant can be evicted if a landlord «in good faith» requires the unit for: their own use, the use of an immediate family member, or the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex. Once the landlord serves the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant.

Ending a Tenancy - FAQ

However, a tenant can be evicted at the end of their tenancy, and only if the Board issues an eviction order.

In addition, the landlord must compensate the tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant.

6. Can a tenant be evicted if the landlord sells the property and the purchaser wants to move in? Yes, but only if the rental complex has three or fewer residential units. A tenant can be evicted if a landlord has agreed to sell the rental property, and the purchaser requires the rental unit for: • Their own use • The use of an immediate family member or • The use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex. In this scenario the landlord does NOT have to pay the one month compensation. 7. What can a tenant do if the landlord gives them a Notice of Termination? The tenant should first read the notice to see why and when the landlord is asking them to leave. They may wish to talk to their landlord about the notice and see if the issue can be resolved. If the issue isn’t worked out, the tenant can: • Talk to their landlord about the notice and correct the problem as outlined in the notice or; • Vacate the unit as requested by the landlord; or • Stay in the unit & see if the landlord files an application against them with the Board. If an application is filed, the tenant can go to the hearing to argue their case.