- the landlord does not meet the Minimum Housing and Health Standards required by the Public Health Act and its regulations; and
- an executive officer (also called a health inspector) issues an order regarding the substantial breach (under section 62 of the Public Health Act); and
- the landlord does not follow the order.
If all three of these things occur, the tenant can give the landlord a 14 day notice to terminate the tenancy for substantial breach. The tenant can also apply to the Residential Tenancy Dispute Resolution Service or to Provincial Court to terminate the tenancy.
The tenant must give the landlord 14 clear days notice. This means that the tenant cannot count the day the notice is served on the landlord, and the tenant cannot count the day the tenancy ends.
The tenant’s notice must:
- be in writing;
- give the address of the property;
- be signed by the tenant;
- state the reason for the termination; and
- state the date that the tenancy will end.
Service of Notice
The tenant must serve the notice on the landlord by:
- giving the notice to the landlord in person;
- delivering the notice by registered mail or certified mail. The tenant will mail the notice to the landlord at the address provided in the “Notice of Landlord.”
A tenant must give the termination notice to the landlord personally or by sending it through registered or certified mail. If these methods do not work, the tenant can send the notice electronically (i.e. by fax), as long as it will result in a printed copy of the notice being received by an electronic device at the landlord’s address.
Landlord’s Notice of Objection
The landlord can object to the 14 day notice. The landlord can only object to the notice if:
- the landlord has actually followed the order; or
- the landlord has applied for and been given a stay of the order.
The landlord must personally serve the Notice of Objection to the tenant or send it by registered or certified mail within 7 days of receiving the Notice of Termination. If these methods do not work, then the landlord can give the notice to another adult that lives in the unit, or the landlord can post the notice in plain sight on some part of the premises (i.e. the door to the unit). If none of these methods work, the landlord can send the notice electronically (i.e. fax), as long as it will result in a printed copy of the notice being received by an electronic device that is within the premises.
If the landlord objects to the 14 day notice within the 7 days, then the 14 day notice is null and void (which means that the tenancy is not terminated). If the tenant still thinks the landlord has committed a substantial breach after receiving the objection, the tenant can apply to the Residential Tenancy Dispute Resolution Service or Provincial Court to terminate the tenancy.
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