Ways a Tenancy Can End
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by
PHS
Have you ever needed to end your tenancy mid-way? Or are you preparing for the end of or your lease to arrive? There are many ways a tenancy can end. And depending on the type of agreement you entered, the amount of difficulty associated with breaking it differs. If you’re needing a quick escape or wondering how your agreement will end, keep on reading!
Periodic Tenancy
It is fairly simple to leave a periodic tenancy agreement as they do not have a fixed end date of tenancy. Therefore, the tenant can occupy the rental unit for as long as they like, if the landlord agrees to it. For a periodic tenancy to end, the tenant must provide the landlord with a notice to end the tenancy.
The date on which the tenancy ends must not be earlier than one month after the date the landlord receives the notice. It also cannot be on a day before rent is due. There doesn’t need to be a special circumstance present to allow the tenant to break the lease. The tenancy agreement ends when notice is provided.
Fixed Term Tenancy
It is more difficult to leave a fixed term tenancy as there is a set start and end date the tenant and landlord have to follow. The easiest way for it to end would be for the tenant to complete their tenancy to the end date agreed upon with the landlord. To leave a fixed term tenancy, the tenant must also provide the landlord with a notice.
The date on which the tenancy ends must not be earlier than one month after the date the landlord receives the notice. It must not be earlier than the end date specified on the tenancy agreement, and it cannot be on a day before the rent is due.
Normally, tenants are not allowed to end their fixed term tenancies early. There are three circumstances that are exceptions to this rule. Tenants may end their tenancies early if both the landlord and tenants agree in writing, there are special circumstances (ex. Family violence), or if the breaking of the agreement was ordered by an arbitrator. The arbitrator can be someone with legal authority to break a tenancy agreement.
Family Violence or Long-Term Care
If the tenant is in a fixed term tenancy and needs to get out of it due to special circumstances, they may be eligible for breaking the lease. The tenant must have confirmation of eligibility that:
- If the tenant remains in the rental unit, the safety or security of either the tenant or a dependent of the tenant who lives in the rental unit is or is likely at risk from family violence carried out by a family member of the tenant
- The tenant has been assessed as requiring long-term care
- The tenant has been admitted to a long-term care facility
To end the tenancy, the tenant must give the landlord notice that is effective on a date that is not earlier than one month after the date the landlord receives the notice and that it is not on a day before rent is due.
Eviction
Eviction happens when the landlord legally forces a tenant to move out of a rental unit.
There are four main types of eviction notices:
- Day notice for non-payment of rent: A 10-day notice for non-payment of rent is the strictest type of warning. There are no excuses as the Residential Tenancy Act does not have “hardship” provisions, and disability, job loss or season does not disqualify the tenant from eviction. Also, the tenant will still be responsible for paying rent.
- One month notice for cause
- Two month notice for landlord’s use of property
- Four month notice for landlord’s use of property
If you feel that your eviction notice is unfair or unjustified, there are strict deadlines where you can dispute your notice.
The deadlines are:
- 5 days to dispute a 10-day eviction notice
- 10 days to dispute a one-month eviction notice
- 15 days to dispute a two-month eviction notice
- 30 days to dispute a four-month eviction notice
Know Your Rights to End Your Tenancy
Ending a tenancy agreement can be an easy or difficult task. For fixed term tenancies, it is always the easiest to stay a tenant until the end date on the tenancy agreement. If leaving a tenancy mid-way is important for you, just remember that there are options for you to do this legally. It is also important to pay attention to the circumstances surrounding evictions and that there are strict deadlines for you to dispute this if you feel like you’ve been treated unfairly. Sometimes, life is unpredictable. So, keep in mind these rules and regulations that may apply to your situation so that you can have a better understanding of what’s happening.
Progressive Housing Society works hard to help people struggling with mental health and substance use to find a safe and secure home to call their own. We provide support and advocacy to those in need. With the support of the community, we have been able to support many who had no where else to turn. Are you looking to have an impact? Find out how you can make a difference today.
References
Canada, Government of B.C., B.C. Law. (2000). Residential Tenancy Act. Victoria: British Columbia, Residential Tenancy. Retrieved June 13, 2019, from http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section41
Office of Housing and Construction Standards. (2019, June 04). Tenant Notice to End Tenancy. Retrieved June 14, 2019, from https://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/tenant-notice
TRAC. (n.d.). Retrieved June 14, 2019, from http://tenants.bc.ca/
