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How to End the Tenancy Agreement

Tenancy Agreement



Fixed Term Tenancy

A fixed-term tenancy only lasts for the set amount of time on the tenancy agreement.

It can be renewed or extended if the landlord and tenant agree.

Landlords and tenants can agree to end the tenancy early

Fixed-term tenancies can only be changed if the landlord and all the tenants agree. Any agreement should be in writing and should include what’s been agreed to. Both the landlord and tenants should keep a copy of this.



The landlord may charge a fee for ending the fixed term early. These fees should only be their actual and reasonable costs. For example, the cost to advertise for new tenants.\


Periodic Tenancy

A periodic tenancy agreement has no end date. It continues until either the tenant or the landlord gives written notice to end it.


Difference between a calendar day and a working day

Some timeframes are counted in calendar days (Monday to Sunday). Others are counted in working days (Monday to Friday).

Examples of timeframes counted in calendar days are:

  • Notices to terminate a tenancy

  • Notices to remedy a breach

  • Notice of a rent increase


Examples of timeframes counted in working days are:

  • service times

  • the time a landlord has to lodge a bond

  • notifying a change of address or other details

Some public holidays and provincial holidays are not counted as working days.



 

90 Day Notice

Sale of property

The owner is putting the property on the market within 90 days after the termination date.

The property has been sold and the new buyer doesn’t want tenants.

Changes to the property

The property was bought for the use of nearby land for business activity and is required to be vacant for that purpose (this must be stated in the tenancy agreement).

The property is to be converted into commercial premises for at least 90 days.

Extensive renovations are to be carried out that would make it impractical for the tenant to live there (the landlord must take steps to begin this work within 90 days after the termination date).

The property is to be demolished (the landlord must take steps to begin demolition within 90 days after the termination date).



63 Day Notice

Owner moving in

The owner or a member of the owner’s family is going to live on the property within 90 days after the termination date, for at least 90 days.

Employee accommodation

The property is normally used as employee accommodation and is needed again for that purpose (this must be stated in the tenancy agreement).


28 Day Notice

Tenants terminating a periodic tenancy – must give 28 days' notice.

This can be given for any reason, and the tenant does not need to tell the landlord the reason.