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MOVING OUT

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GIVING NOTICE

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. See TRAC’s template letter, Notice to End Month to Month Tenancy Agreement. 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.

CLEANING RESPONSIBILITIES

Residential Tenancy Branch Policy Guideline 1 provides an overview of your responsibility to clean your rental unit when moving out. Here are some examples of areas in your rental unit that you are expected to clean:

  • the inside and outside of appliances, such as the stove, fridge, and dishwasher;
  • behind and underneath the fridge and stove, if they are on rollers and can be pulled out;
  • floors and wall vents;
  • the insides of all your windows and doors;
  • the outside of any sliding glass doors or balcony windows;
  • blinds and window coverings;
  • walls and baseboards;
  • any fireplace you used, as well as its screen, vent, or fan; and
  • if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed.

CONDITION INSPECTIONS

At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy.

See TRAC’s webpage on Condition Inspection Reports for more information.

GETTING YOUR DEPOSIT(S) RETURNED

See our page on Security / Pet Damage Deposits for more information.

GETTING YOUR POST-DATED CHEQUES RETURNED

According to section 5(4) of the Schedule in the Residential Tenancy Regulation, a landlord must return on or before the last day of the tenancy any post-dated cheques for rent that remain in their possession. See TRAC’s template letter, Request for Return of Post Dated Cheques.

WHAT THE LAW SAYS

  • RTA Section 45 – Tenant’s Notice
  • RTA Section Part 6 Division 1 – How to Give or Serve Documents
  • RTA Section 52 – Form and Content of Notice
  • RTA Section 53 – Incorrect Dates Automatically Changed
  • RTA Part 2 Division 5 – End of Tenancy
  • RTR Part 3 – Condition Inspections

PREVIOUS DISPUTE RESOLUTION DECISIONS

  • RTB Decision – Tenant’s Notice to End Tenancy Must be in Writing
  • RTB Decision – Arbitrator Accepts Tenant’s Notice Given Via Email

USEFUL LINKS / OTHER RESOURCES

  • TRAC Template Letter – Notice to End Month to Month Tenancy Agreement
  • Request for Return of Post Dated Cheques
  • RTB Policy Guideline 1 – Landlord & Tenant Responsibilities for Residential Premises
  • RTB Policy Guideline 8 – Unconscionable and Material Terms
  • RTB Policy Guideline 30 – Fixed-Term Tenancies

STARTING A TENANCY
Am I Covered By the Law?
Condition Inspection Reports
Fees
Finding Out Who My Landlord Is
Finding Rental Housing
Human Rights
Locks and Keys
Personal Information
Pets
Residential Tenancy Branch
Roommates
Security / Pet Damage Deposits
Tenancy Agreements
Tenant Insurance
Utilities
DURING A TENANCY
Bed Bugs / Other Infestations
Fees
Finding Out Who My Landlord Is
Guests
Locks and Keys
Paying Rent
Pets
Quiet Enjoyment
Rent Increases
Repairs and Maintenance
Residential Tenancy Branch
Roommates
Selling a Rental Unit
Services and Facilities
Serving Documents
Sublet and Assignment
Utilities
ENDING A TENANCY
Abandonment of Property
Breaching Important Terms
Breaking a Lease
Death of a Tenant
Enforcing an Eviction
Evictions
Fires and Other Disasters
Foreclosure
Locks and Keys
Moving Out
Residential Tenancy Branch
Security / Pet Damage Deposits
Selling a Rental Unit
Sublet and Assignment
DISPUTE RESOLUTION
Applying for Dispute Resolution
Enforcing a Monetary Order
Enforcing an Eviction
Finding Out Who My Landlord Is
I Disagree with my Decision
Important Deadlines
Participating in a Hearing
Preparing for a Hearing
Residential Tenancy Branch
Resolving Without a Hearing
Serving Documents
The Decision and Order
TYPE OF TENANT
Disability
Families
Low-Income
New Immigrants
Seniors
Students and Youth
TYPE OF HOUSING
Apartments
Condos and Townhomes
Co-operative Housing
Hotels
Indian Lands
Living with the Owner
Manufactured Home Parks
Rented Houses
Secondary Suites
Subsidized Housing

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