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Tenancy Problems - Rental Agreement

 Related Legal Forms Provided by LawDepot.com
- Rental / Lease Agreement
- Rental Application (Residential)
Q: My landlord has said previously that she accepts short notices. However, now that I gave her a short notice, she says that she won't accept it because "april and may are the months with the lowest vacancy rate in vancouver". She absolutely did not mention this before before. We have only a verbal rental agreement, nothing in writing. What can I do?
A: The fact that you don't have a written rental agreement doesn't go very far because the Act deems that where a written agreement is absent the terms, conditions and obligations found in the standard tenancy agreement (RTO Form 1) apply to the tenancy. So, like it or not, you have a month-to-month tenancy agreement.
The Act says that in month-to-month tenancy agreements the tenant is required to provide written notice that he is ending the tenancy, and the notice must be of at least one full calendar month. If you move before the notice becomes valid don't be surprised if the landlord pursues a claim against you for unpaid rent. My experience is that the landlord usually files to retain your security deposit against the rent owing and will likely tack on a claim for damages too.
So, in answer to your question 'What can I do?'You can give your landlord notice in accordance with the Act, cut a deal with the landlord to end the tenancy by consent (get it in writing), or get prepared to pay. It may not seem quite fair but that's the way the Act works.


 
 

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