Can a landlord cancel a 72-hour notice?
A tenancy agreement is a legally binding contract that may only be terminated in particular circumstances that depend on the type of agreement. A tenancy is normally ended by giving notice to the other party, with the tenant evacuating by the date mentioned in the termination notice or rental agreement.
Either the landlord or the tenant must provide the other party with a written termination notice that includes the necessary notice period. In rare situations, the landlord or tenant can apply to the Tribunal for a termination immediately for a termination order without first issuing a termination notice.
Minimum time of notice
The notice time is determined by the kind of agreement (fixed-term or periodic) and the reasons for termination. These notice periods are intended to provide tenants with the time to discover another rental property and landlords with sufficient time to find a tenant.
A landlord and tenant can mutually choose to terminate the tenancy at any time.
Notice of termination
A termination notice must be in writing, signed and dated by the party issuing the notice, and include the address of the rented property, the date the tenancy agreement ends (and by which the tenant must vacate), and the grounds for termination (if applicable).
Termination notifications may be sent at any time and do not need to coincide with the rent payment cycle. After serving a termination notice, a landlord may serve another notice on other grounds if necessary.
For example, if a landlord gives 90 days’ notice to terminate a periodic lease without giving a cause, and the tenant subsequently fails to pay rent for 14 days, the landlord might terminate the tenancy.
Early termination of a fixed-term agreement
When a renter signs a fixed-term lease, they pledge to stay for the entire duration. If a renter wishes to leave before the end of the stipulated term, there may be fees associated.
A renter may terminate a fixed-term agreement without penalty in certain circumstances. If a tenant has to cancel the arrangement early, they should provide the landlord with as much notice as possible, even if it is social housing.
A tenant should also make it as simple as possible for the landlord or agent to show potential new renters the property.
For a fixed-term contract
The landlord or agent cannot terminate your agreement without cause (without reasons) before the expiration of a fixed-term agreement. The landlord may terminate your fixed-term agreement with 30 days’ notice. The deadline for giving you 30 days’ notice is the last day of your fixed-term agreement.
You may quit at any moment before the notice date, but you must pay the rent until the end of the stipulated period. It is important to note that if you have a fixed-term agreement, it cannot be cancelled simply because your house is being sold.
For a recurring agreement
The landlord or agent may terminate the agreement without providing a reason, but they must do so with 90 days’ notice. The Tribunal must terminate the agreement if the landlord decides to seek a termination order.
Your lease might also be canceled if your property is sold. The landlord has the right to terminate your lease after 30 days. Consult your tenant’s advice and advocacy service. You can leave and cease paying rent at any time before the notice date.
Notice of Tenant Objection to a 14-Day Eviction Notice
Tenants can usually oppose to 14-day eviction notifications. Tenants who do not agree with the termination can file an objection. The written objection notification must state the reasons for opposing to the termination.
It must be delivered to the landlord prior to the termination date specified in the notice (before the 14 days are over). If a tenant does not object before then, the renter is required to vacate.
A tenant cannot object to a 14-day eviction notice issued for non payment of rent. The only thing a renter may do is pay all unpaid rent and rent due by the termination date specified in the notification.
A tenant must personally deliver the objection notice to the landlord or the landlord’s representative, or submit it by registered or certified mail. If none of these methods work, the tenant may submit the notice electronically (by fax), as long as a printed copy of the notice is received by an electronic device at the landlord’s address.
A landlord cannot evict a tenant if a notice of objection is served before the notice’s termination date. When the landlord hears the objection, he or she may:
Do nothing and the tenancy will continue; or file a tenancy termination application with the Residential Tenancy Dispute Resolution Service or the Provincial Court Civil.
If the landlord files an application with the Residential Tenancy Dispute Resolution Service or Provincial Court, the tenant will be served with fresh paperwork. A list of service providers that can give further information on eviction hearings may be found on our Who Can Help page.
Termination of Tenancy with 72 Hour Notice
A landlord can terminate a tenant’s tenancy with a 72 hour notice if:
The renter has caused severe damage to the rental property;
the tenant has physically harmed the landlord or another tenant;
or the tenant has threatened to physically assault the landlord or another tenant.
The renter must be notified at least 24 hours before the date and time specified in the termination notice.
The landlord’s notification must include:
*Be in writing;
*Include the property’s address;
*Be signed by the landlord;
*Indicate the cause for the termination; and provide the day and hour the tenancy will cease.
*A 72 hour notice cannot be objected to by a tenant.
If the tenant does not depart by the day and time specified in the notice, the landlord must seek a court order to end the tenancy within 10 days. If the landlord does not apply within 10 days, the tenancy will continue and the tenant will be able to live in the home.
The landlord can apply to the court or the Residential Tenancy Dispute Resolution Service to get an order terminating the tenancy immediately. When the landlord chooses to go to court or the Residential Tenancy Dispute Resolution Service because:
If the landlord feels the tenant will continue to cause serious damage to the property, or if the landlord believes the tenant will continue to physically assault or threaten to physically assault the landlord or another tenant, the landlord may terminate the lease.
Eviction in retaliation
If the landlord/agent moves to terminate the tenancy when you try to assert your legal rights (for example, by requesting repairs), the Tribunal may consider this to be retaliatory eviction. They can deem a termination notification null and void and/or refuse to issue a termination order.
You may petition the Tribunal for an order declaring that the notice was retaliatory. You must apply within 30 days of receiving a 90-day notice (periodic agreement) or 14 days of receiving any other notification.
If the landlord or agent has requested a termination order from the Tribunal, you should attend the hearing and explain that the request was retaliatory.
If the tribunal issues a termination order, it will evaluate the relative hardship to you and the landlord before determining the date for empty possession.
If you do not evacuate by the given date, the landlord/agent may seek a possession warrant from the Tribunal. With this warrant, a sheriff’s officer can remove you from the premises, with the assistance of police if necessary.
