Notice of Termination |
|
Sub-Section 7.10 |
Notice by a Tenant — Fixed-Term Tenancy Agreement |
|
|
Definitions |
Fixed-term tenancy agreement: a tenancy agreement for a specific period of time, usually one year. Notice of termination: a written or oral notice by a tenant to end a tenancy. Personal care home: for the purpose of this subsection, a personal care home is a place where an individual receives nursing, personal assistance or supervision in their daily lives. For example: a hospital in which a tenant receives personal care. Tenancy agreement: a contract between a landlord and a tenant that sets out the basic rules for living in a rental unit. It can be written, oral or implied. |
Policy |
A tenant can’t generally end a fixed-term tenancy agreement before the end of the term, unless they assign or sublet the rental unit. <><><><> There are some special circumstances, which may allow a tenant to give notice before the end of the agreement: •Landlord withdraws a service If a tenant believes that it would be impossible or unreasonable to live in the rental unit after the landlord withdraws a service, they may be able to move out before the end of their tenancy agreement. The tenant must ask the Branch to decide if they can end their tenancy. For example: The landlord plans to remove the elevator, and the tenant is not able to climb stairs. • Rent increase above the guideline To increase rent above the annual rent increase guideline, a landlord must apply to the Branch for approval. Sometimes a tenant might have to sign their fixed-term tenancy agreement before the Branch makes a decision on the landlord’s application. Even though a tenant must sign the agreement, they still have the right to end their tenancy with notice of two rental payment periods. A tenant may give notice at any time from the date they receive notice that the landlord has applied, or intends to apply, for a rent increase above the guideline to 14 days after they receive the Branch's or the Residential Tenancies Commission's decision on the landlord’s application. • Application for approval of a rehabilitation scheme A landlord who plans to make major improvements to a rental unit or residential complex may apply to the Branch for a temporary exemption from the annual rent increase guideline. When a landlord applies to the Branch, the tenant has the right to end a fixed term tenancy agreement with notice of two rental payment periods. A tenant may give notice at any time from the date they receive notice that the landlord has applied, or intends to apply, for approval of a rehabilitation scheme to 14 days after they receive either the first or final order from the Branch or the Residential Tenancies Commission on the landlord's application. • Tenant’s inability to pay (due to deterioration of health) »One Tenant on Tenancy Agreement If a tenant’s income decreases because of illness and they can’t afford the rent, they can give at least one rental payment period notice to move out. The tenant must give the landlord a doctor’s certificate about the illness with the notice. »Two or More Tenants on Tenancy Agreement If one tenant’s income decreases because of illness and the other tenants can’t afford the rent, they can give at least one rental payment period notice to move out. The tenants must give the landlord a doctor’s certificate about the illness with the notice. • Member of the Canadian Forces who is being posted to a location at least 50 kilometres away from the rental unitIf a tenant or the spouse of a tenant is posted to a location at least 50 kms away from the rental unit, the tenant can give the landlord a notice of termination. »If the member gets notice of their change in posting three months or more before the change, they must give the landlord notice of three rental payment periods. »If the member gets notice of their change in posting less than three months before the change, they can give the landlord notice of one rental payment period. »The tenant must give the landlord a certificate from an official with the Canadian Forces confirming the change. • Domestic Violence or Stalking A tenant may end a tenancy if, because of domestic violence or stalking, they fear for their safety or the safety of their dependent child if the tenancy continues. »The tenant must give the landlord a notice of termination that is not less than one rental payment period. »The tenant must also give the landlord a certificate signed by a designated authority confirming there are grounds to terminate the tenancy. The Victim Services Branch of Manitoba Justice is the designated authority. • Accessibility Reasons A tenant may end a tenancy if, due to ongoing deterioration or a change in their health (that is somewhat permanent), the rental unit is no longer accessible. »The tenant may give the landlord a notice of termination that is not less than one rental payment period. »The tenant must also give the landlord a certificate from a doctor confirming that because of their deteriorating or changing health, the rental unit is no longer accessible. • Tenant accepted into a personal care home or unable to live independently A tenant may end a tenancy if they have been accepted into a personal care home or are no longer able to live independently. »The tenant may give the landlord a notice of termination that is not less than one rental payment period. »The tenant must also give the landlord a certificate from a doctor confirming that they can no longer live independently. If one tenant in a co-tenancy is accepted into a personal care home or can no longer live independently, the tenancy can be ended by giving notice of at least one rental payment period. »One Tenant on Tenancy Agreement If a tenant dies, the tenant’s estate can give at least one rental payment period notice to end a tenancy. »Two or More Tenants on Tenancy Agreement If one tenant dies, and the remaining tenant or tenants can’t afford the rent, they can give one rental payment period notice to move out. •Landlord not meeting obligations Section 59(1) of the Act says that a landlord must provide and maintain the rental unit and residential complex in a state of good repair that complies with health, building and occupancy standards. If a tenant believes the landlord is not meeting this obligation, they can give notice of at least one rental payment period to end their tenancy. However, before a tenant can give notice, they must give the landlord a written demand to perform the obligation within a reasonable period of time. The tenant should keep a copy of the demand for their own records. When asking a landlord to do repairs, a tenant needs to consider how long it should take the landlord to do the work and whether it’s possible for the landlord to do it. Some repairs, like roofing, can only be done on a seasonal basis. If the landlord doesn’t do the repairs and the tenant decides to end the tenancy, they should consider contacting the appropriate inspection agency to get support for their complaint about the rental unit or complex. For example: The tenant could call the local public health inspector or building inspector. If the landlord doesn’t agree that the tenant had the right to give notice, the landlord may file a claim against the tenant for any losses they suffer because of the termination of the tenancy. The tenant may need evidence to show that the landlord breached the obligation to maintain the unit or complex. A tenant doesn’t have to give the landlord a written request to correct a problem if they are ending the tenancy because their health or safety is at risk. A tenant can give five days’ notice to move out if their health is at risk. The day on which a notice is served or delivered can’t be counted or included in the period of notice. For example: A five-day notice, given to a landlord on Monday, takes effect on Saturday, not Friday. If their rental unit is in such bad condition that it is impossible for them to continue to live in it, they may be able to move out immediately. The Branch recommends that the tenant contact the appropriate inspection agency in these situations. If there’s a dispute later over whether the tenant had the right to give a short notice, the inspector can give information on the condition of the unit. »Other Obligations If a tenant believes that a landlord is not meeting any other obligations under the Act or their tenancy agreement, they can give notice of at least one rental payment period to end their tenancy. However, before a tenant can give notice, they must give the landlord a written demand to perform the obligation within a reasonable period of time. The tenant should keep a copy of the demand for their own records. If the landlord doesn’t agree that the tenant had the right to give notice, the landlord may file a claim against the tenant for any losses they suffer because of the termination of the tenancy. The tenant may need evidence to show that the landlord breached an obligation under the Act or tenancy agreement. If a tenant terminates a tenancy because a landlord hasn’t met their obligations, the tenant may file a claim for compensation against the landlord for their moving expenses. A tenant may claim compensation for:
When awarding compensation, if a tenant moves their own belonging, the Branch may consider:
<><><><> A landlord is required to offer the tenant a tenancyagreement renewal at least three months before the end of the existing agreement. If a landlord doesn’t offer a renewal, a tenant may leave at the end of the existing agreement without notice to the landlord. <><><><> A tenant may give notice orally. But a landlord may ask a tenant to sign a notice to confirm that they plan to move. If the tenant won’t sign the notice, they haven’t given proper notice and the tenancy will continue. <><><><> When a tenancy is ending, the Branch encourages a landlord and tenant to discuss move-out arrangements ahead of time. For example: booking an elevator, or if necessary; setting up an appointment to complete a rental unit condition report. A tenant doesn’t have the right to stay in a rental unit beyond the last day of a notice period. If a tenant needs to stay in a rental unit until the first day of the next rental payment period, they must make special arrangements with the landlord. |
|
|
Overview |
Either a landlord or tenant can ask the Branch for information on how to end a tenancy. They can also ask the Branch to help them end a tenancy through mediation or by making a decision and issuing an Order. |
Steps ▼ |
1.The officer encourages the landlord and tenant to share information, and to discuss the problem to try to come to an agreement. 2.When a tenant or landlord asks the Branch for help with a notice of termination problem, an appropriate officer follows the procedures for:
|
Forms & Form Letters |
Notice of Termination by Tenant |
X-Referencing |
For information on mediation is in Section 1. |
Policy Developed |
September, 1992* |
Last Revision |
June, 2015 |
Other Resources |
None |
| PreviousNext |
Return to the Guidebook Table of Contents
The contents of this page are subject to this standard warning note
