Notice to Quit

The notice period varies depending on the length of the tenancy:

  • For a year-to-year tenancy, the tenant must give the landlord at least three months' notice before the end of any such year.

  • For a month-to-month tenancy, the tenant must give the landlord at least one month's notice before the end of any such month.

  • For a Week-to-week tenancy, the tenant must give the landlord at least one week's notice before the end of any such week.

Note: If a tenancy is for a period longer than a week but less than a month, it is deemed to be a month-to-month tenancy.

The notice to quit must be:

  • in writing,

  • signed by the person giving the notice or

  • their agent, and

  • must include a description of the residential premises and the date on which the tenancy terminates.

  • The notice must also be in the form prescribed by regulation.

Termination of lease due to non-payment of rent:

If the rent is not paid by the tenant on or before the fifteenth day after it is due, the landlord may give the tenant notice to quit effective not earlier than:

  • the 15th day after the notice is given for a monthly tenancy

For a weekly tenancy, a notice may be provided on the 8th day after the rent is due and the tenant has not paid. The effective date of the notice to quit is not before:

  • the 7th day after the notice is given for a week-to-week tenancy

If a tenant receives notice due to non-payment, they have 15 days to pay the rent or apply to the Director for an order setting aside the notice

If a tenant is breaking the law or violating any rules or regulations that threaten the safety or security of the landlord or other tenants in the building, the landlord can give them a notice of termination. This notice will become effective not earlier than five days, or as directed by the Director after the notice is given

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.

NS RTA s.10