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D. Ending the Tenancy (Part V of the Act)
The landlord or tenant must follow the rules of the Act when ending a tenancy.
When the tenant can end the tenancy
The tenant may end a tenancy by giving the landlord proper notice using the appropriate Landlord and Tenant Board form. They must give:
• at least 60 days’ notice if they have a monthly or fixed term tenancy, or
• at least 28 days’ notice if they have a daily or weekly tenancy.
For a fixed term tenancy, the notice cannot be effective before the last day of the fixed term. For a monthly or weekly tenancy, the notice must be effective on the last day of a rental period (e.g. month or week).
In certain situations, a tenant who has experienced sexual or domestic violence can give 28 days’ notice to end the tenancy at any time, even if the tenant has a fixed term agreement (e.g., one year agreement). They must use the notice form approved by the Landlord and Tenant Board.
When the landlord can end the tenancy
The landlord cannot evict the tenant unless the landlord follows the proper rules. In most cases, the landlord must give proper notice to end the tenancy using the right form. Forms are available on the Landlord and Tenant Board’s website.
The landlord can only give the tenant notice to end the tenancy in certain situations. These situations are set out in the Act. A few examples include:
• tenant does not pay the full rent when it is due,
• tenant causes damage to the rental unit or building, and
• tenant substantially interferes with the reasonable enjoyment of other tenants or the landlord.
If the landlord gives a tenant notice to end the tenancy, the tenant does not have to move out.
If the tenant does not move out, the landlord must apply to the Landlord and Tenant Board in order to evict the tenant. The Landlord and Tenant Board will hold a hearing and decide if the tenancy should end. Both the landlord and the tenant can come to the hearing and explain their side to the Landlord and Tenant Board. If the Landlord and Tenant Board orders an eviction, the eviction order can only be enforced by the Sheriff (Court Enforcement Officer).
It is an offence for the landlord to evict a tenant without following this process. If convicted, the landlord could face a fine of up to $25,000 (for an individual) or $100,000 (for a corporation).
If the Landlord and Tenant agree to end the tenancy
The tenant and landlord can agree to end a tenancy at any time by using the proper Landlord and Tenant Board form. Some landlords may ask the tenant to sign this form when signing the agreement. In most cases, an agreement to end a tenancy signed at the beginning of the tenancy agreement is unenforceable and the tenant does not have to move out.
There is more information on how to end a tenancy and reasons for eviction in the Act and in a brochure on the Landlord and Tenant Board website .