Residential Tenancies Branch

Section 7

Notice of Termination

Sub-Section 7.11

Notice by A Tenant — Month-to-Month Tenancy Agreement

Legislation

s. 87(2), 88(1), 89, The Residential Tenancies Act
s. 19, The Interpretation Act

Definitions

Month-to-month tenancy agreement: a tenancy agreement for a month at a time with no specific end date.

Notice of termination: a written or oral notice by a tenant to end a tenancy.

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 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.

<><><><>

A tenant on a month-to-month tenancy agreement, must give the landlord at least one rental payment period notice to end a tenancy. The tenant must give the landlord the notice on the last day of the rental payment period to move out on the last day of the following period. For example: If a tenant’s rent is due on the first of the month, they have to give notice on or before March 31 to move out on April 30; or, if the tenant’s rent is due on the 15th of the month, they have to give notice on or before March 14 to move out on April 14.

<><><><>

In some cases, a tenant may be able to give less than one rental payment period notice. A tenant can give five days’ notice to move out if their health or safety 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 the 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 a 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.

<><><><>

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:

• renting a vehicle;
• hiring professional movers;
• the cost of transferring utility or service connections;
• the cost of filing a change of address with Canada Post for mail redirection;
• other reasonable expenses; this may include the cost of gas or the cost of buying food for people who help the tenant move.

When awarding compensation, if a tenant moves their own belongings, the Branch may consider:

• the size of the rental unit;
• the amount of furniture the tenant has;
• the distance moved;
• the complexity of the move.

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, if necessary; or 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.

<><><><>

A tenant who, gives notice, but doesn’t move or moves late, is responsible to compensate the landlord for any losses they cause. Depending on the circumstances, a tenant may be responsible to pay the landlord compensation for rent or use and occupancy of the rental unit. If the landlord has new tenants and has to find them alternate accommodation, the tenant may be responsible for those expenses too.

Procedure

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 set out for:

• mediation
• orders of possession
• hearings

Forms & Form Letters

Notice of Termination by Tenant
...............................................................Form 7/Residential Tenancies Regulation

X-Referencing

Information on mediation is in Section 1.
Orders of Possession are dealt with in Section 8.
Hearings are covered in Section 11.

Policy Developed

September, 1992

Last Revision

June, 2015

Other Resources

None

Top