Stage three of a Tenancy - Ending the Tenancy

An end to a tenancy can occur for many reasons, tenants choose to vacate the property, a fixed term lease expires requiring tenants to vacate, a Landlord can request a tenant vacate for personal use and there are many other reasons tenancies may end. Here we will speak to the process and steps owners and tenants should follow.

When a tenant provides notice to end the tenancy they are required to provide one calendar months notice to end the tenancy. If a tenant wants to vacate the property at the end of August they must provide in writing to the Landlord or their agent a notice to end the tenancy on July 31st before 11:59:59pm. If the notice is received after that time the tenant could be held responsible for rent for the month of August. 

If a Landlord provides notice to end the tenancy for personal use, they are required to provide two months notice and compensate tenants for the equivalent amount of one months rent. Normally this compensation would be in the form of not charging the last month’s rent owed by the tenant.       

After notice has been provided by either party there are multiple steps both parties must take before the tenancy has ended. 

A tenant is permitted to remain in the property until 1pm on the last day of the month for which the notice was provided. If the notice was to vacate at the end of July they would be allowed to stay until 1pm on August 31st. Tenants have until that time to clean the unit, repair damage, move their items from the property and return the keys. 

What does this mean for the Landlord? It means if you have new tenants moving into the unit, 1pm on August 31st would be the earliest time anyone else could take possession of the property. It also means you should schedule the move out inspection after this time, unless a different agreed upon time is arranged.

A move out inspection is required and both the tenant and Landlord must attend. If either party fails to attend it could affect their rights to the pet and damage deposits or other costs associated with the tenancy. Landlords have an obligation to give the tenant two opportunities to schedule the move out inspection. Both parties can agree on the time and date of the inspection, as mentioned it should normally occur after 1pm on the last day of the month. Occasionally, tenants vacate early and the inspection can be performed at a different time. 

Landlords should provide the tenant in writing confirmation of the time and date of the inspection. When performing the inspection Landlords should bring the original completed move in inspection report for both parties to compare the move in and move out condition of the property. After the inspection is completed Landlords are required to return the pet/damage deposits to the tenants within 15 days of the end of the tenancy. Failure to return the deposit in this time gives a tenant permission to ask for twice the amount of the deposit to be refunded. A tenant has an obligation to provide a forwarding address when vacating the property to the Landlord in order to receive the pet/damage deposits.

A tenancy doesn’t fully end until the deposits have been returned to the tenant, and the Landlord can close their file. We will discuss damage deposits in more detail in our next post.        

Managing your rental property can be confusing. Cartref Properties can assist you, call today to discuss your needs or find more information about us at: www.cartrefproperties.com