GETTING READY TO GIVE NOTICE
1.9.1 How can a tenant end a tenancy?
When a tenant wants to move out, he or she must provide the landlord a written, signed notice providing the complete address of the rental unit and indicating when the tenant plans to move out. The notice must be a minimum of one clear month, cannot take effect before the end of a fixed term tenancy agreement, and must be given on or before last day of a rental payment period to be effective on the last day of a subsequent rental payment period. However, if there is a term in the fixed term tenancy agreement which requires that the tenant vacate the premises at the end of the fixed term, then no notice by the tenant is necessary as the tenant must move out at the end of the tenancy.
For example, in a month-to-month tenancy, if rent is due on the first day of the month, the tenant must give notice to the landlord no later than September 30th to move out on October 31st. If the tenancy agreement is for a fixed term ending December 31st, and the agreement does not provide that the tenant must move out at the end of the fixed term, the tenant can give notice any time up to November 30th, to take effect on December 31st.
If the tenant wants to move before the end of a fixed term tenancy, the tenant will have to continue to pay rent until the end of the term unless the landlord agrees in writing that the tenant can end the tenancy early or can assign or sublet the unit, or if the landlord is able to mitigate the potential loss by renting out the premises. If the tenancy is for a fixed term of six months or more, the landlord cannot unreasonably withhold consent to assign or sublet.
See also: Links on Home Page of www.missbryant.com where you will spot the Condominium Homeowners Association group wherein excellent resources to legislated Acts are accessible!
www.kerrisdalevillagelifestyles.com
When a tenant wants to move out, he or she must provide the landlord a written, signed notice providing the complete address of the rental unit and indicating when the tenant plans to move out. The notice must be a minimum of one clear month, cannot take effect before the end of a fixed term tenancy agreement, and must be given on or before last day of a rental payment period to be effective on the last day of a subsequent rental payment period. However, if there is a term in the fixed term tenancy agreement which requires that the tenant vacate the premises at the end of the fixed term, then no notice by the tenant is necessary as the tenant must move out at the end of the tenancy.
For example, in a month-to-month tenancy, if rent is due on the first day of the month, the tenant must give notice to the landlord no later than September 30th to move out on October 31st. If the tenancy agreement is for a fixed term ending December 31st, and the agreement does not provide that the tenant must move out at the end of the fixed term, the tenant can give notice any time up to November 30th, to take effect on December 31st.
If the tenant wants to move before the end of a fixed term tenancy, the tenant will have to continue to pay rent until the end of the term unless the landlord agrees in writing that the tenant can end the tenancy early or can assign or sublet the unit, or if the landlord is able to mitigate the potential loss by renting out the premises. If the tenancy is for a fixed term of six months or more, the landlord cannot unreasonably withhold consent to assign or sublet.
See also: Links on Home Page of www.missbryant.com where you will spot the Condominium Homeowners Association group wherein excellent resources to legislated Acts are accessible!
www.kerrisdalevillagelifestyles.com
posted by Charity Of Choice | 11:40 AM
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