Tenant Law
What I should know about terminating a tenancy
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| For additional information about the termination of a tenancy click on the pictures. |
Can a tenant break a lease?
Not unless the landlord agrees, something that rarely happens. However, a tenant can
assign the remainder of the lease to a new tenant, basically the tenant would be giving
what is left of the lease to this new tenant. The landlord has a right to approve the
prospective new tenant, and that approval cannot be unreasonably withheld.
If you are a month-to-month tenant, in other words you are not on a lease or the lease
has expired, you must give the landlord 60 days notice in writing to move out
How much notice does a tenant have to give to move out?
If a tenant is month-to-month, i.e. no lease, he or she must give the landlord written
notice 60 days to move out. If there is a lease the tenant must still give 60 days notice
in writing but cannot do so until 60 days before the end of the lease.
What is the process for evicting a tenant?
The first thing the landlord must do is provide a written notice to the tenant explaining
the problem and indicating that if the problem is not fixed, the landlord will continue
with the eviction proceeding.
Can a tenant be evicted in the winter?
Yes.
For what reasons can a landlord evict a tenant?
There are a number of reasons for evicting a tenant, although the most common one
is non-payment of rent. Some of the other reasons for eviction include: persistent late
payment of rent, disturbing the neighbours, damage to the unit, criminal activity, the
landlord requires the unit for himself or a member of his immediate family.
What should a tenant do if he/she receives a Notice of Termination?
The tenant should first read the notice to see why and when the landlord is asking
him/her to leave. If the issue cannot be worked out with the landlord, the tenant
should seek legal advice.
Not unless the landlord agrees, something that rarely happens. However, a tenant can
assign the remainder of the lease to a new tenant, basically the tenant would be giving
what is left of the lease to this new tenant. The landlord has a right to approve the
prospective new tenant, and that approval cannot be unreasonably withheld.
If you are a month-to-month tenant, in other words you are not on a lease or the lease
has expired, you must give the landlord 60 days notice in writing to move out
How much notice does a tenant have to give to move out?
If a tenant is month-to-month, i.e. no lease, he or she must give the landlord written
notice 60 days to move out. If there is a lease the tenant must still give 60 days notice
in writing but cannot do so until 60 days before the end of the lease.
What is the process for evicting a tenant?
The first thing the landlord must do is provide a written notice to the tenant explaining
the problem and indicating that if the problem is not fixed, the landlord will continue
with the eviction proceeding.
Can a tenant be evicted in the winter?
Yes.
For what reasons can a landlord evict a tenant?
There are a number of reasons for evicting a tenant, although the most common one
is non-payment of rent. Some of the other reasons for eviction include: persistent late
payment of rent, disturbing the neighbours, damage to the unit, criminal activity, the
landlord requires the unit for himself or a member of his immediate family.
What should a tenant do if he/she receives a Notice of Termination?
The tenant should first read the notice to see why and when the landlord is asking
him/her to leave. If the issue cannot be worked out with the landlord, the tenant
should seek legal advice.
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