Did you know that a Landlord can end a tenancy by giving the Tenant two month notice to end tenancy? There are only a handful of circumstances under which this can be done and you should check with the Residential Tenancy Branch for details on that, but here’s what you should know.
Two month notice to end tenancy
- The Landlord must give a Tenant two clear months notice. This means the Landlord can’t give a Tenant notice on January 15 requiring the Tenant to move out by March 15. Instead, the notice would be effective March 31 – with February and March being the 2 clear months.
- The Landlord must compensate the Tenant by giving them one month free rent. Usually the Tenant doesn’t pay the rent during the second month of the notice (i.e. the last month living at the residence), but if for some reason, the Tenant pays rent to the end of the tenancy, then the Landlord must refund the one month rent when the Tenant vacates.
- Once a Tenant has been given the two month notice to end tenancy, the Tenant can give the Landlord a notice back that they will be vacating in 10 days. If, for example, a Tenant is able to find a new place to live right away, they can give the Landlord 10 days’ written notice and the Landlord will still have to pay one month rent as compensation. If the rent’s already paid in full for the month and the Tenant leaves under a 10 day notice, the Landlord will also have to return the pro-rated rent for the part of the month the Tenant will no longer be living there.
Tenants have the right to dispute the notice to end the tenancy by filing an Application for Dispute Resolution. The Residential Tenancy Branch website provides information and details on how to proceed with this if it’s something the Tenant wants to pursue.
As always, if you are unsure of your own personal situation, whether you’re the Landlord or the Tenant, you should contact the Residential Tenancy Branch at 1-800-665-8779, or check their website at . From there, you can click on the Forms tab to view a copy of the 2 Month Notice to End Tenancy for Landlord’s Use of Property (#RTB-32).
If you are a Tenant who has been given a 2 Month Notice and you’re in need of a new home, please call our office at (250) 751-1223 or check out our rentals at www.rentalsnanaimo.com – we’d be happy to help you find a home that suits your needs!