What is a Tenant Notice?
A Tenant Notice is used by a rental property’s tenant to serve notice to their landlord. The document provides an effective way for tenants to communicate with their landlord regarding repairs or ending a tenancy.
This type of Tenant Notice is intended for use with residential property such as houses, apartments, condos, etc.
The three most common tenant notices, which you you can use LawDepot’s Tenant Notice questionnaire to create, are:
- Notice to Repair
- Notice of Intent to Vacate
- Notice of Termination
Notice to Repair
Landlords are required to ensure their rental property is fit for habitation and in a good state of repair. If a landlord does not fulfill these duties, a tenant can use a Repair Notice to inform the landlord of the breach and provide details about the required repairs.
Notice of Intent to Vacate
A tenant uses a Notice of Intent to Vacate to notify the landlord that they plan to leave the rental property when their current lease ends. This notice helps confirm the landlord is aware of the tenant's plans. If a tenant doesn’t provide their landlord with proper written notice, they may be held responsible for additional months’ rent.
Notice of Termination
A tenant should use a Notice of Termination if they wish to exit the lease before the term is up or at the end of a periodic tenancy.
How much notice do I need to give my landlord when ending a lease?
The amount of notice you need to give a landlord depends on the details of your Residential Lease Agreement.
If you’re using a Tenant Notice to inform the landlord that you’re moving out of the rental property, the amount of notice you provide depends on the type of periodic tenancy and the province or territory you are renting in. Review your province or terriority’s requirements on amount of notice:
How do I deliver the Tenant Notice?
You can deliver a Tenant Notice to your landlord either in person or by registered mail. If you're delivering the notice in person, it can be left in the landlord's mailbox or posted on their door.
In the event you’re unable to reach your landlord with the contact information they provided you, you can send the notice electronically, as long as a physical copy of the notice also exists.
If you’re in Alberta, your landlord should have provided you with a document containing their contact information called a “Notice of Landlord.” A Tenant Notice can be sent to the address listed in that document.
It’s a good idea to record details of the notice’s delivery, such as:
- Method of delivery
- Date and time
- Location
- Name of the person served
Can I change my mind after giving notice?
Your decision to end a tenancy is official once you deliver your Tenant Notice. However, you can appeal to your landlord to reverse the decision if you change your mind after the fact.
The decision to continue the tenancy after giving notice ultimately comes down to the landlord. However, your arrangement can continue as it was before delivering the document if they agree in writing to continue renting their property to you.
How do I create a Tenant Notice?
You can easily create a customized Tenant Notice by completing LawDepot's questionnaire. Using our template will ensure you complete the necessary steps.
1. Specify the type of notice you need
The type of Tenant Notice you need depends on what you want to accomplish with it. LawDepot's questionnaire allows you to choose from three kinds of notices:
- Repair Notice: notify the landlord that the rental property needs repairs.
- Intent to Vacate Notice: let the landlord know that you’re vacating the property at the end of the lease’s term.
- Termination Notice: give the landlord notice that you’re terminating the lease early.
2. State the rental property’s location
Provinces and territories in Canada have different rules and regulations for Tenant Notices. State the province or territory that the rental property is in, and we'll customize your Tenant Notice for that jurisdiction.
3. Provide the notice’s details
The details of your Tenant Notice will depend on the type of notice you’re creating.
Repair Notice
Describe any issues you’re having with the rental property and the necessary repairs needed to fix the problems.
For example, if your dishwasher is leaking water and there's damage to the kitchen floor, use the Tenant Notice to inform the landlord that the dishwasher and floor require repairing. Additionally, if you're concerned about the formation of mould from the water damage, inform the landlord that the deficiencies to the property could harm your health.
Some jurisdictions in Canada allow you to end a lease if property damage threatens the tenant's health and safety. Check your jurisdiction's applicable laws or contact a local attorney before attempting to abandon the premises or end the lease.
Notice of Intent to Vacate
Use your Tenant Notice to inform the landlord why you're vacating the rental property. Write an explanation in the questionnaire if you're leaving for a reason other than that the fixed term is ending.
The additional information you should have in your notice includes:
- Your new address for receiving your security deposit
- The commencement (start) date of your lease
- The last day of your lease
Termination Notice
It’s possible to terminate your lease early if you serve the landlord with a Notice of Termination clearly stating a valid reason for ending the lease before the term is up. Each province has its own set of rules regarding valid reasons. It’s a good idea to check your provincial laws before serving your landlord with a termination notice because ending a lease without a valid reason may result in financial penalties.
Include when you intend to leave the property and the commencement date of your current lease. Also, provide any information the landlord will need to give your security deposit back to you.
4. Provide the lease details
Your Tenant Notice should also include basic information about the property, tenant, and landlord. These details include:
- The property’s address
- The date the lease was signed
- The landlord’s name and address
- The tenant’s name and phone number
These details ensure there's no confusion as to which property you're vacating or hoping to repair.
5. Outline the signing details
State when you plan to sign the notice and if you will include proof of service.
Proof of service
Proof of service is confirmation that the landlord received a copy of your notice. You should request proof of service anytime you use a process server or court official to deliver a notice.
State whether you're signing the document before a commissioner or notary public if you include proof of service.
A commissioner for oaths is an individual who administers oaths and takes or receives affidavits, statutory declarations, and affirmations. However, they only witness signings within their province or territory.
A notary public can also administer oaths and take and receive affidavits, statutory declarations, and affirmations. However, a notary public can witness inside and outside their province or territory. They can also certify true copies of documents.
If you deliver the document in person, you should ensure that someone who has no interest in the matter witnesses the event. The witness can vouch for the notice's delivery, if the landlord tries to deny receiving the document. You should also consult your local landlord-tenant board to determine whether you should swear a proof of service.
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