When you want to move out of a house or apartment that you are renting, the law requires that you tell your landlord in writing. This is called giving notice. You have to write your address and the date you will move out and sign your name.
If you are in a month-to-month tenancy, you must give it to the landlord at least one month before you will move out. The first day of the month before you plan to move out is too late.
There are specific rules about ending a tenancy that both the renter and the landlord should know about.
It’s best to give the notice to the landlord or the building manager yourself. You may want to ask someone to go with you in case the landlord denies receiving the notice. Keep a copy of the notice. If you mail the notice via registered mail, make sure you keep the receipt, a copy of the notice and confirmation that the notice was delivered by registered mail. Remember that if the landlord denies that you gave proper notice, you will need evidence to prove that you did.
Getting your deposit back
You must leave your place clean when you move out. You are responsible for the cost of repairing damage caused by you or your guests. The landlord is responsible for normal wear-and-tear. Your landlord must inspect your unit with you before a new tenant moves in. When an inspection of the unit is completed, the landlord must complete a Condition Inspection Report. Both you and the landlord must sign this report, and the landlord must give you a copy. You should compare the condition noted on this report to the condition the unit was in before you began renting the unit (see Condition Inspection Report).
When you move out, the landlord must return the security deposit within 15 days. In order to have your security deposit back, you must provide your forwarding address to the landlord.
If you damaged the place, the landlord can use some of the security deposit money for repairs only if you agree in writing to pay for damages or unpaid rent or if the landlord applies to the Residential Tenancy Branch and they determine that the landlord can keep some of the security deposit money. For more information, see Getting Your Deposit Returned or contact the Residential Tenancy Branch.
In certain situations, a landlord can tell a tenant to move out. This is called eviction. If a landlord wants you to move out, the law says he or she must follow the rules and put the notice in writing. The landlord cannot just tell you to leave.
If you are a tenant and you get an eviction notice, read it very carefully. You may disagree with the reason the landlord is evicting you. For example, if you don’t think you’re too noisy, or you don’t have too many people living in your place you may want to try to stop the eviction. If you want to stop an eviction, you can make an appeal (ask an official to decide). The eviction form says how much time you have to do that. You should ask for help or advice. Do not ignore an eviction notice.
Here’s how much notice a landlord has to give you:
|10 days’ notice||When the tenant didn’t pay the rent.|
|1 month’s notice||When there is cause such as the tenant is too noisy or has too many people living in the place.|
|2 month’s notice||When the landlord or their close family want to move in, or the unit is sold to someone who wants to move in.|
|4 months’ notice||When the landlord is going to make major renovations to the apartment, demolish it, or convert it to something else.|
For more information on your rental rights, visit Renting It Right for a free online video course.