One Month Notice to End Tenancy

A landlord can serve a tenant with a One Month Notice to End Tenancy (PDF, 2.1MB) when:

The tenant…          The tenant or their guests have…

Hasn’t paid the security deposit or pet damage deposit within 30 days of entering into a tenancy agreement

Caused extraordinary damage or put the landlord’s property at significant risk
Is repeatedly late paying rent (at least three times) Damaged property beyond reasonable wear and tear and haven’t made repairs within a reasonable period
Has broken a material term and, after receiving notice of the breach, has not complied with the tenancy agreement Seriously risked the health, safety or rights of the landlord or another occupant
Knowingly gave false information about the rental unit or building to someone interested in renting a unit or buying the unit or building Significantly interfered with or unreasonably disturbed the landlord or other occupants
Assigned or sublet the rental unit without the landlord’s consent Engaged in illegal activity that has adversely affected the quiet enjoyment, security, safety or physical well-being of  the landlord or other occupants
Was provided with a rental unit as a condition of their employment and the employment has ended Engaged in illegal activity that has caused or is likely to cause damage to the rental property, or engaged in illegal activity that has risked a lawful right or interest of the landlord or other occupant
Hasn’t complied within 30 days of receiving an order from the Residential Tenancy Branch (RTB), or the date specified in the order, if greater than 30 days later  

Has an unreasonable number of occupants living in the unit

 

Disputing a Notice To End Tenancy Calculator

How long does a tenant have to dispute a Notice to End Tenancy? Use this calculator to get information about disputing a Notice to End Tenancy.

Disputing a Notice Calculator

Order of Possession Calculator 

When can a landlord apply for an order to have your tenant move out? Use this Order of Possession calculator to learn about timelines for applying for an order of possession.

Order of Possession Calculator 

Solution Explorer

See how tenancy law applies to your situation. Use the Solution Explorer to find helpful information, resources and template letters specific to your tenancy problem. Find out what you need to resolve your dispute and whether you may have a valid dispute resolution claim or if you need to take additional steps.

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Doing it Right

A landlord must serve the One Month Notice so that it’s received:

  • At least one month before the effective date of the notice, and
  • Before the day that rent is due

In order for the tenancy to end the following month, the tenant has to receive the notice before the date the rent is normally paid. For example, if rent is due on the first day of the month, a notice given on March 15 would not take effect until the last day of April.

To avoid disputes, both the landlord and tenant should be clear about when the notice requires the tenant to move out. By law, tenants must always be given the right amount of notice – even if the landlord uses an incorrect date. This correction can be made without having to go through the dispute resolution process. If you’re unsure about the effective date of a notice to end tenancy, please contact the Residential Tenancy Branch.

All Notices to End Tenancy have two pages – it’s only valid if the landlord serves both pages to the tenant. There are rules about how and when a landlord can serve notice – be sure to do it correctly:

Move Out Date

The tenant is required to move out on or before 1 p.m. on the effective date of the notice.

Disputing a Notice to End Tenancy

Because legal notice has been served, tenants who disagree with a notice need to apply for dispute resolution – writing a letter or talking to the landlord isn’t enough. Within 10 days of receiving the notice, submit the Tenant’s Application for Dispute Resolution (PDF) to the Residential Tenancy Branch along with a copy of the Notice to End Tenancy.

If a tenant disputes a one month notice to end tenancy by the 10-day deadline, the notice is suspended until an arbitrator makes a decision. A tenant must move out within one month of receiving the notice if they do not dispute it.

When a landlord has served a notice to end tenancy, and the tenant has disputed the notice, the landlord continues to be entitled to payment of rent or payment for use and occupancy while awaiting resolution of the dispute.

The landlord also continues to be entitled to payment for use and occupancy when a tenant does not move out by the effective date of a notice to end tenancy that the tenant has not disputed.  In this case, the landlord may apply for dispute resolution seeking an order of possession and accept payment for use and occupancy while awaiting dispute resolution.

When accepting payment for use and occupancy, the landlord should state in writing that:

  • The payment for rent or utilities is being accepted for use and occupancy only – it does not cancel the notice to end tenancy
  • The tenant must still move out

Note: The “use and occupancy” arrangement is short-term—it allows use and occupancy only for the period of the payment and does not reinstate the tenancy.  If, in a dispute resolution hearing, a party claims that tenancy has been reinstated, an arbitrator will consider all the circumstances including the intent of both parties when exchanging payment.

The content on this website is periodically reviewed and updated by the Province of British Columbia as per the date noted on each page: September 23, 2017.

Contact the Residential Tenancy Branch