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 Related Legal Forms Provided by LawDepot.com
- Notice of Intent to Vacate
- Letter of Intent
Q: I signed a tenancy agreement for fixed length of time 3 months and 21 days, rent is $800 paid at the beginning of each month. The rent will come to the end at December 21. Am I eligible to pay only for 21 days ($542) or do I have to pay for the whole month? The agreement has form as offers Residential Tenancy Branch online and there is no explicit term of payments for full month in December.

In case, I should pay only for 21 days, how can I prove it to landlord? When I told him that I am intended to pay only for 21 days, he told he would either sue me or deduct $258 (the difference to $800) from deposit. Can he do it?

After December 21 I leave from Canada, will never return and cannot serve him notice of claim to return full amount of deposit. How should I proceed? How can I prevent that I lose money and never get it back?
A: Details of the legislation follow this first paragraph, and include parts of the legislation and regulations. The short version is this (and I gather you have a very unusual tenancy agreement - 3 months and 21 days). I hope you have this in writing because it looks instead like this is the amount of time you want to sign on for, whereas it appears as though the landlord has figured you in for a month-to-month tenancy agreement. The details inked onto the tenancy agreement will be critical in this case. Check your actual agreement. Ensure that it actually says 3 months and 21 days, or from such-and-such a date to such-and-such a date. Otherwise, you are in for a month-to-month agreement. To end a month-to-month agreement by a tenant, you'll have to give one full calendar month's notice. At the end of the tenancy the landlord is supposed to give back your security deposit unless he has claimed against it. In the circumstances you describe, I'm guessing the landlord is going to be very bent out of shape. It seems to me that that you intend on leaving 3/4 of the way through a month, without paying for the full month, and in which case you can expect that the landlord will claim against the security deposit. Human nature says he'll probably try to tack on a little extra for himself in a damage claim too.
Here are some details you may wish to make yourself familiar with: The Residential Tenancy Act of BC directs that: 13 (1) A landlord must prepare in writing every tenancy agreement entered into on or after January 1, 2004. (2) A tenancy agreement must comply with any requirements prescribed in the regulations and must set out all of the following: (a) the standard terms;
(b) the correct legal names of the landlord and tenant; (c) the address of the rental unit; (d) the date the tenancy agreement is entered into; (e) the address for service and telephone number of the landlord or the landlord's agent; (f) the agreed terms in respect of the following: (i) the date on which the tenancy starts; (ii) if the tenancy is a periodic tenancy, whether it is on a weekly, monthly or other periodic basis; (iii) if the tenancy is a fixed term tenancy, (A) the date the tenancy ends, and (B) whether the tenancy may continue as a periodic tenancy or for another fixed term after that date or whether the tenant must vacate the rental unit on that date; (iv) the amount of rent payable for a specified period, and, if the rent varies with the number of occupants, the amount by which it varies; (v) the day in the month, or in the other period on which the tenancy is based, on which the rent is due; (vi) which services and facilities are included in the rent; (vii) the amount of any security deposit or pet damage deposit and the date the security deposit or pet damage deposit was or must be paid.
Requirements for Tenancy Agreements stipulate that: 12 (1) A landlord must ensure that a tenancy agreement is (a) in writing, (b) signed and dated by both the landlord and the tenant, (c) in type no smaller than 8 point, and (d) written so as to be easily read and understood by a reasonable person. (2) A landlord must ensure that the terms of a tenancy agreement required under section 13 [requirements for a tenancy agreement] of the Act and section 13 [standard terms] of this regulation are set out in the tenancy agreement in a manner that makes them clearly distinguishable from terms that are not required under those sections.
Section 12 of the Regulations says: (1) The tenant may end a monthly, weekly or other periodic tenancy by giving the landlord at least one month's written notice. A notice given the day before the rent is due in a given month ends the tenancy at the end of the following month. [For example, if the tenant wants to move at the end of May, the tenant must make sure the landlord receives written notice on or before April 30th.] (2) This notice must be in writing and must (a) include the address of the rental unit, (b) include the date the tenancy is to end, (c) be signed and dated by the tenant, and (d) include the specific grounds for ending the tenancy, if the tenant is ending a tenancy because the landlord has breached a material term of the tenancy. (3) If this is a fixed term tenancy and the agreement does not require the tenant to vacate at the end of the tenancy, the agreement is renewed as a monthly tenancy on the same terms until the tenant gives notice to end a tenancy as required under the Residential Tenancy Act. (4) The landlord may end the tenancy only for the reasons and only in the manner set out in the Residential Tenancy Act and the landlord must use the approved notice to end a tenancy form available from the Residential Tenancy office. (5) The landlord and tenant may mutually agree in writing to end this tenancy agreement at any time. (6) The tenant must vacate the residential property by 1 p.m. on the day the tenancy ends, unless the landlord and tenant otherwise agree.



 
 

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