Terminating a tenancy

C

corndog

Guest
My tenants have been in my apartment for 3 months of the 1 year lease.

Per the PRTB, can I simply send them a letter of termination giving them the one months notice required or does the fact that they have a one year lease preclude this?

Thanks
 
corndog said:
My tenants have been in my apartment for 3 months of the 1 year lease.

Per the PRTB, can I simply send them a letter of termination giving them the one months notice required or does the fact that they have a one year lease preclude this?

Thanks
Click to expand...
Unless there's a break-clause in the lease specifying the conditions under which the landlord may terminate the lease early or the tenants are in breach of their obligations under the lease and have refused to rectify it having been given a written warning, you can't terminate it.

There's a school of thought that says you can terminate it if you or a family member is going to move in or you plan to sell - but I disagree with this interpretation. The fact is that if you provide a tenant with a one year lease, you both have greater rights and obligations than provided under a standard Part IV tenancy. In this case, the greater rights of the tenants prevail over the Part IV provisions. Likewise, if they sought to break the lease earlier, you would have a right to require them assign the lease to a suitable tenant or to require them to pay for the balance of the lease term or until you secure a new tenant whichever comes first.
 
If the tenant is renting less than 6 months then you can give 28 days notice .after 6 months its 38 days notice.
 
You must log in or register to reply here.
Menu
Log in
Register