Terminating a tenancy April 2000

SCENARIO # 1 : You represent a tenant who wants to leave to purchase a home

1. Tenant must give Landlord Notice of his intention, called Notice of Termination.
· Month to month tenant must give 60 days notice.
· Termination date must be end of the month.
· Tenant with a lease must give 60 days notice prior to the end of the lease.

OR

2. Landlord and Tenant can agree to end the tenancy. GET IT IN WRITING!

OR

3. Tenant can transfer lease to someone else, with landlord's approval. The Tenant has rights if the landlord does not allow assignments or if the landlord does not reply to the Tenants request for approval, or if the Landlord, without good reason, does not consent to a specific Assignment.

SCENARIO # 2 : You represent a landlord who has listed a rented house.

1. Selling a house is now a legitimate reason to end a tenancy (at the end of the term).
· Property must contain no more than 3 residential units
· Landlord must give Tenant notice in writing after Agreement of Purchase and sale has been signed.

2. We recommend that you insert a clause in your offer that Landlord can serve Notice to Terminate on Purchasers behalf.
· Notice must be served:
- personally to tenant or adult at rented premises;
- in mailbox;
- By Mail (effective 5 days after mailing)
It is no longer sufficient to post the Notice on the Tenants door.

3. 60 days notice is required, or end of rental period, whichever is greater.

4. The Tenant after receiving Notice, can leave before termination date -must give 10 days written notice to the Landlord.

5. We recommend that you consider inserting a clause in the offer as follows;
· Purchaser might make the Offer conditional on Vendor/Landlord obtaining vacant possession, or, tenants voluntary Agreement to Terminate, with a specific termination date (ideally a few weeks before closing).

6. If Tenant will not leave, it is helpful to provide that the purchaser will cooperate with the Vendor in the process, by, for example, providing a sworn declaration that the property is required in good faith for their own personal use.