| |
Ending a Tenancy by the Tenant
When the tenant ends the tenancy, he or she must abide by both
the terms of the lease agreement and British Columbia Residential
Tenancy Act.
Ending a fixed term tenancy
- your tenancy will end automatically on the end date that
is specified on your lease
- no notice by the tenant is necessary as the tenant must move
out at the end of the tenancy
Ending a month-to-month tenancy
- tenants are required to give the landlord one full calendar
month’s written notice of intent to move out
- notice is due on or before the last day of a rental payment
period to be effective on the last day of a subsequent rental
payment period (for example if your rent is due on the first
day of the month, the tenant must give notice to the landlord
no later than April 30th to move out on May 31st)
- notice must contain the rental unit address, the date when
the tenant plans to move out and the tenant's name and dated
signature
- notice must be legally served by handing the written notice
to the landlord or the landlord's agent, such as a building
manager
- if the landlord cannot be found to serve the notice, the
tenant may serve the notice to an adult who lives with the landlord/manager
- you can attach the notice to the front door of the landlord's
home or office a minimum 3 days before the deadline
- notice can be mailed a of minimum 5 days before the deadline
Ending a lease early (Breaking a Lease)
Please Note! Your lease agreement is a legally binding document.
If you break the lease you may be legally responsible for all of
the remaining rental payments and/or the landlord's advertisements
costs. If you do not pay these, your landlord will probably sue
you. You can end your fixed term lease before the end of the lease
term under the following conditions:
- both, you and your landlord agree in writing to terminate
the lease early
- you (tenant) will continue to pay rent until the end of the
term
- landlord agrees in writing that you can assign
or sublet the unit and an acceptable replacement tenant
is found (advertising
on apartmentguide.ca web-site is very successful)
- the landlord is able to rent out the premises in a short period
of time and mitigate the potential loss
- your landlord has violated the Residential Tenancy Act and
you have an arbitrators permission to end your tenancy
- if the agreement is for a fixed term of six months or more,
the landlord cannot unreasonably forbid you to assign
or sublet the rental unit
Continuing a tenancy after a
fixed term lease expiry
- contact your landlord and discuss renewing the lease at least
one month prior to the end date of your tenancy
- most of the time your landlord will expect you to sign a new
fixed term lease
- check over the new lease in case there are unexpected changes
and rent increases
- the landlord is under no legal obligation to renew a fixed-term-lease
- if the tenancy agreement for a fixed term lease ends and has
not been renewed or terminated, the
tenancy is usually changed to month to month containing
the same terms and conditions that are in the expired agreement
(unless otherwise specified in your lease agreement)
Do-it-yourself Notice of Intent to Vacate by LawDepot.com
More on this Subject
Expert Tenancy
Advice
- Ending
a tenancy by the tenant
- Braking
a lease
Related Subjects
- During Tenancy
/ Subletting
- Rent / Lease
Terms and Variations
Other Resources
- Assignment
and Sublet GL-19 
- Claims
for Rent and Damages for Loss of Rent - Policy Guideline GL-03
|
|