Early Termination of an Agreement
Early termination for sale of residential complex
A landlord of a residential complex that contains no more than 4 residential premises may end a tenancy in the residential complex if:
The landlord has a purchase and sale agreement for the complex in good faith with all conditions, unrelated to the title, satisfied, and the purchaser must be an individual.
The purchaser must request in writing that the landlord end the tenancy on the grounds that the purchaser or a family member intends to occupy the residential premises, and must provide a sworn affidavit to the landlord stating this intention.
The landlord must give the tenant a copy of the affidavit and a notice in the required form to end the tenancy, effective not earlier than two months after the tenant receives the notice.
The notice must specify a date that is before the day the rent is due and cannot be earlier than the end of a fixed-term lease, if applicable.
The tenant can terminate the tenancy before the specified date in the notice by giving the landlord at least ten days' notice.
Termination for demolition, repairs or renovations
If both the landlord and tenant agree to terminate a tenancy in order to demolish, repair, or renovate the residential premises, they must put this agreement in writing using the form required by the Director.
This ensures that both parties are aware of the terms of the agreement and can reference it if there are any disputes in the future.
If the landlord wants to terminate a tenancy for the purpose of demolition, repair, or renovation and the tenant does not agree, the landlord can make an application to the Director. The application must specify the date on which the landlord requires vacant possession of the residential premises, which must be at least three months but no more than twelve months from the date of the order.
In the application, the landlord must provide evidence to satisfy the Director that they have all the necessary permits and approvals required by law and that the proposed demolition, repair, or renovation work requires vacant possession of the residential premises.
This means that the landlord must show that the work cannot be done while the tenant is still living in the premises.
If the tenancy is terminated by mutual agreement or by an order of the Director, the tenant may terminate the tenancy earlier than the specified date if they give the landlord at least ten days' notice.
Early termination due to deterioration of health
If a tenant's income is significantly reduced due to a deterioration in their health, they can terminate a year-to-year or fixed-term lease by giving the landlord one month's notice in writing, along with a certificate from a medical practitioner and proof of service to all tenants in the same residential premises.
If the lease is terminated, it is terminated for all tenants in the same premises, but the other tenants can enter into a new lease with the landlord with their consent.
The tenant who wants to terminate the lease must give all other tenants in the same premises a copy of the notice to quit at least one month before the termination date.
Early termination for Domestic Violence
if a tenant in a year-to-year or fixed-term lease is a victim of domestic violence, they can terminate the lease by giving the landlord one month's notice in the form prescribed by regulation and a certificate from the Director of Victim Services confirming the grounds for the certificate.
The landlord must keep the certificate confidential.
The landlord can only challenge the notice if it was not properly given.
If the tenancy is terminated, it's terminated for all tenants in the same residential premises, but the landlord and other tenants may agree to enter into a new lease.
NS RTA s.10AA, 10AB, 10B, 10F