If the landlord does not serve the notice to terminate a periodic tenancy within the deadline outlined by the Residential Tenancies Act, the notice still has effect. However, the termination date would be later than the one set out in the notice.
For week-to-week periodic tenancies, the landlord must provide a minimum of one full tenancy week’s notice. If the tenancy week starts on Monday, November 1 and the landlord serves the notice to terminate on Tuesday, November 2, the earliest the tenancy could end is Sunday, November 14. The landlord could not make the tenant leave any earlier.
For month-to-month periodic tenancies, the landlord must provide three full tenancy months notice. If the tenancy month starts on July 1 and the landlord serves the notice to terminate on July 5, the earliest the tenancy could end is October 31. The landlord could not make the tenant leave any earlier.
If the landlord forces the tenant to leave before the termination date, the tenant can apply for damages in Provincial Court Civil or through the Residential Tenancy Dispute Resolution Service
These rules do not apply to termination of periodic tenancies for condo conversions, major renovations, or employee termination.
January 2015
