The process of ending a tenancy
Any tenant wishing to end a tenancy should send or give the landlord a Notice of Termination giving the landlord the required period of notice.
Notice periods when a tenant wishes to end a tenancy
| Duration of a tenancy | Tenants notice periods |
|---|---|
| Less than 6 months | 28-days |
| 6+ months, but less than 1 year | 35-days |
| 1+ year, but less than 2 years | 42-days |
| 2+ years but less than 4 years | 56-days |
| 4+ years but less than 8 years | 84-days |
| 8+ years | 112-days |
Breach of landlord responsibilities
A tenant only has to give a reason to end a tenancy if the landlord has breached his/her responsibilities.
The tenant should first write to the landlord, state the breach of responsibilities, and give reasonable time – usually 14 days – to resolve the problem. If the landlord does not resolve the problem, the tenant can give notice to end the tenancy as directed above.
If there is a high and imminent risk of death, serious injury or danger to the structure of the property as a result of the landlord’s failure to comply with their responsibilities, the tenant only has to give 7 days’ notice. Warning letters do not need to be sent in this situation.
To serve a valid Notice of Termination:
- Ensure the notice is in writing
- Ensure you give the required notice period
- Include the ground for the termination of the tenancy in the notice
- If subletting please refer to the checklist for landlords as you take on the role
- Ensure the notice is served on the party but it is not necessary to forward a copy to the RTB
- State that any issue as to the validity of the notice may be referred to the RTB within 28-days of the receipt of the notice
- Sign the Notice of Termination
Please see Sample Notices of Termination for further information and please use these sample Notices as Templates for writing your own notice to avoid an invalid notice.
A tenant can give a landlord a shorter period of notice than required, if the landlord agrees to this at the time the tenant is seeking to terminate the tenancy. However, if there is no agreement reached with the landlord and the tenant leaves a rented dwelling and does not serve a notice of termination or gives inadequate notice, the landlord may be entitled to the rent for the period of the notice that should have been given. A landlord may be entitled to retain part or all of the deposit to cover this amount.
