When a landlord wishes to terminate the tenancy agreement, in most cases, the Residential Tenancies Act, 2006 (RTA) requires that the landlord gives Notice of Termination (Notice) to the tenant. If the landlord does not comply with the RTA when providing the notice, the Landlord and Tenant Board (LTB) will dismiss the landlord’s eviction application.
The Notice may be found non-compliance with the RTA if
- The content in the Notice is inadequate, or
- The service of the Notice is inadequate.
Inadequate Content in the Notice of Termination
When completing the Notice, the landlord shall ensure the following elements are clear and accurate:
- The notice period,
- The termination date,
- The ground for termination, and
If the Notice is missing any of the above elements or the consent is confusing, the Notice becomes inadequate. Consequently, the landlord loses the right to evict the tenant.
Inadequate Service of the Notice of Termination
Subsection 191(1) of the RTA and Section 3.1 of the Rules of Practice provide the methods of how the Notice may be served. According to the RTA, the Notice may be served by:
- Giving a copy to the tenant personally,
- Giving a copy to an apparently adult in the same rental complex personally,
- Leaving a copy in the mailbox of the rental complex,
- Leaving a copy at the place where the tenant picks up the mail if there is no mailbox, or
- Mailing a copy to the last known address of the tenant.
Additionally, if the landlord has tried to serve the Notice but the attempt is not successful, the landlord may apply to the LTB for permission to serve in an alternative way.
Format of Notice of Termination
The LTB provides a detailed list of termination notice forms based on different grounds. However, landlords may give notice in any format as long as the notice is adequate.
Multiple Notices of Termination
If the landlord has more than one ground to terminate the tenancy, the landlord may give multiple Notices to the tenant. However, sometimes the notices contain different details. For example, the terminate dates are different. In such a case, the landlord shall ensure the notices are not confusing.