MONTH-TO-MONTH TENANCIES

If you have a month-to-month agreement, you can end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.

Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letter with your name, signature, address, and move-out date, as set out in section 52 of the RTA. Make sure to keep a copy in a safe place and take photos for added protection.

See TRAC’s webpage, Serving Documents, for more information.

FIXED TERM TENANCIES

If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.

Most fixed term tenancies convert to month-to-month tenancies at the end of the term. However, if you plan to move out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-month agreements.

See TRAC’s webpage, Serving Documents, for more information.

Vacate clauses: Vacate clauses can only be used in situations listed in section 13.1 of the Residential Tenancy Regulation. If your agreement has a vacate clause, you do not have to give proper notice before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

CHANGING YOUR MIND

Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.