End­ing a room ren­tal can dif­fer from end­ing an or­di­nary ren­tal

Ottawa Sun - New Homes - - HOMES - BY DICKIE & LY­MAN LLP

agree­ment, or it does not state the no­tice re­quired, then the is­sue be­comes what would two rea­son­able peo­ple in the place of you and your land­lady have agreed to as to the no­tice pe­riod. Given that you pay your rent by the month, the rea­son­able no­tice pe­riod is proba- bly one month. (If your te­nancy fell un­der the RTA, you would need to give at least 60 days’ no­tice to ter­mi­nate the te­nancy.)

Another ques­tion is whether your no­tice needs to end at the last day of a month of the te­nancy. (The 60-day no­tice of ter­mi­na­tion pe­riod for an or­di­nary apart­ment does.) In your case the no­tice pe­riod may not need to end at the end of a month. For ex­am­ple, it may be that you can give no­tice on Feb. 10 to end your te­nancy on March 10. If other ten­ants in the house have done that, then that is a pos­si­bil­ity. How­ever, to be safe, you should prob­a­bly give your no­tice so that it takes ef­fect at the end of a month of the te­nancy.

The end of a month of the te­nancy is not al­ways the end of a cal­en­dar month, but it is usu­ally the day of each month be­fore your rent is due. If the agree­ment is that you pay your rent on the 15th of each month, then usu­ally the 14th would be the last day of each month of ten- ancy.

You can give your no­tice by email. The no­tice should clearly state the date you are ter­mi­nat­ing, and to be safe that should be the last day of a month of the te­nancy.

If your te­nancy fell un­der the RTA, email no­tice would only be valid if the ten­ant can prove it reached the re­cip­i­ent. Nor­mally a ten­ant should de­liver writ­ten no­tice by hand or by mail or by another method set out in the RTA or the rules made un­der the RTA. An RTA no­tice needs to spec­ify the ren­tal unit for which the no­tice is given, to spec­ify the date the no­tice is to take ef­fect, and to be signed by the ten­ant or the ten­ant’s agent.


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