There are many different notices to vacate a tenancy that can be used by landlords including a ten day notice, one month notice, two month and four month notice. What is the difference between each notice? Today we will talk about the ten day notice to vacate.

A Ten day notice used for unpaid rent and or utilities. A tenancy agreement should specify the date and time when rent and utilities are due and payable. If rent is due on the 1st of the month a tenant has the entire day of the 1st until 11:59:59pm on the 1st of the month. If rent is not received by the 2nd then the landlord is in the position to send a ten day notice to vacate the premises. The notice must be sent in accordance with section 88 of the Residential Tenancy Act (How to Serve Documents Generally) the requirements for  delivering materials to a tenant. 

When the tenant receives a ten day notice they have the right to pay the unpaid rent and or utilities within five days of receiving the notice. If a tenant pays the rent within this time the notice ceases to be in effect. The tenant may also file a claim disputing the ten-day notice. When a dispute is filed the tenant has the right to continue to reside at the property until the hearing is held and the dispute settled between the two parties. 

When a tenant fails to pay the rent within the five day time frame, the tenant is supposed to move out on the effective date of receiving the notice. If the notice was delivered in person on the 2nd of the month the effective date would be the 12, ten days later. When a tenant fails to vacate on the tenth day the landlord doesn’t automatically have the right to change the locks and move them out. The landlord must file for an order of possession to vacate the tenants from the property. After receiving the order of possession the landlord must serve the notice and if the tenants continue to occupy the rental property, then the Landlord may file a writ in court which will engage a bailiff who has the authority to remove the tenants from the property.  

It is important to follow the process of providing notice during an eviction or the tenant may be granted permission by the tenancy branch to continue residing at the property.

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Cartref Properties specializes in managing rental units located within Strata Corporations.

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