Ending a Tenancy
Tenancies may end for the following reasons:Notices and applications to end a tenancy are available through the Office of Residential Tenancies’ (ORT) online portal.
- written notice was given by either a landlord or a tenant;
- the landlord and tenant agree in writing to end the tenancy;
- the tenant vacates or abandons the rental unit;
- the tenancy agreement is terminated if, due to unforeseen circumstances, it becomes practically impossible to complete; or
- a hearing officer ordered the tenancy to end.
A sheriff from the Court of King’s Bench may remove a tenant from a rental unit by enforcing a Writ of Possession issued by the ORT. If any other person or entity attempts to remove a tenant, the tenant should call the police.
Written notices to end a tenancy must include the following:
- the current date and legal name of the person writing the notice;
- the address of the rental unit;
- the date the tenancy will end; and
- the grounds for ending the tenancy.
1. Tenants
Looking for a notice? The table below shows the legislative section of The Residential Tenancies Act, 2006 (Act), or The Residential Tenancies Regulations, 2007 (Regulations), related to:
- the notice being given;
- the previous form number associated with tenant notices;
- the current name of the notice in the ORT’s online portal;
- the tenancy type; and
- the length of time applicable to the notice.
All notices must include legal names.
Section of Act or Regulations | Old Form Number | Online Portal Form Name | Periodic or Fixed Term Tenancy | Notice Timeline |
Section 56 | Form 6 | Notice to Landlord to Terminate the Tenancy | Periodic | One Month |
Subsection 56(2) | Form 6a | Tenant's Notice to Vacate Early for Cause | Either | Less Than One Month |
Victims of interpersonal and/or sexual violence may end a fixed term tenancy by giving a 28 days' notice if they have received a certificate from an official at the Victims Services Branch within the Ministry of Justice. See the How to End a Fixed Term Tenancy Agreement page with the Victim Services Branch for more information.
The Notice to Landlord to Vacate Early for Cause form may be used in these circumstances. This notice is available through the ORT’s online portal.
In a week-to-week or month-to month (periodic) tenancy, tenants may give a notice to vacate to their landlord the day before rent is due. The tenancy will end the day before rent is due again.
Fixed term tenancies end on the date written in the tenancy agreement unless both parties have agreed in writing to another agreement. In a fixed term tenancy, a landlord is required to serve a tenant with a Term Lease – Two Month Notice of Intention Form. This form sets out the landlord’s intentions for the renewal or non-renewal of the tenancy agreement. A tenant has one month to respond in writing with their agreement.
In any tenancy type (periodic or fixed term), a tenant may provide short written notice to end the tenancy if their rights have been significantly breached and the landlord failed to fix the breach in a reasonable amount of time.
2. Landlords
In serious circumstances, no notice must be served before a landlord may submit an application for possession to the ORT. Significant evidence is required to support a possession application for serious circumstances.
Looking for a notice? The table below shows the legislative section of the Act, or the Regulations, related to:
- the notice being given;
- the previous form number associated with landlord notices;
- the current name of the notice in the ORT’s online portal;
- the tenancy type; and
- the length of time applicable to the notice.
All notices must include legal names.
Section of Act or Regulations | Old Form Number | Online Portal Form Name | Periodic or Fixed Term Tenancy | Notice Timeline |
Section 45 | Form 4 | Notice of Entry | Either | 24 Hours to Seven Days |
Section 54 | Form 5 | Notice of Rent Increase | Periodic | 12 Months |
Section 54 | Form 5a | Notice of Rent Increase for Prescribed Landlord Association Members | Periodic | Six Months |
Section 57 | Form 7 | Immediate Notice to Vacate and Notice of Arrears | Either | Immediate (once tenant is 15 days in arrears) |
Subsection 57(5)(b) | Form 7a | Notice of Utility Arrears | Either | 15 Days |
Section 58 | Form 8 | Evictions Requiring Notice of One Calendar Month | Either | One Month |
Section 59 | Form 8a | Notice to Vacate – Employee | Either | One Month |
Subsections 60(4) & (5) | Form 8b | Notice to Vacate so Owner can Occupy | Periodic | Two Months |
Subsection 60(6) | Form 8c | Notice to Vacate so Purchaser can Occupy | Periodic | One Month |
Subsection 60(7) | Form 8d | Notice to Vacate for Specified Uses | Periodic | Two Months |
Subsection 60(7.1) | Form 8e | Notice to Vacate for Housing Program Purposes | Periodic | One Month |
Section 32 | Form 13/14 | Keep all or some of the tenant’s security deposit | Either | Within Seven Business Days (of tenancy end date) |
Section 8.2 (Regulations) | Form 15 | Term Lease – Two Month Notice of Intention Form | Fixed Term | Two Months (before tenancy end date) |
In fixed term tenancies, a Term Lease – Two Month Notice of Intention Form is to be served on tenants at least two months before the fixed term tenancy end date stating their intentions for renewal.
3. Application to End a Tenancy
If a tenant has not vacated the rental unit as per the notice given by a landlord, a landlord may apply for possession of the rental unit. A copy of the notice (and evidence supporting the claim) served on the tenant(s) will form part of the application package. Application forms are available through the ORT’s online portal.