# Notice to renter



## naysmitj (Sep 16, 2014)

Anyone have any experience in providing notice to a renter to move out?
We are renting out a house we are planning to move into upon retirement.
They have occupied the house for about 16 months and are now month to month after a 1 year lease.
Just wondering how much notice we are obliged to provide that we want to have them vacate the house so we may move in?

Cheers


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## Davis (Nov 11, 2014)

The rules vary by province. Check your own province's rental housing board.


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## Ag Driver (Dec 13, 2012)

Deleted.


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## Mukhang pera (Feb 26, 2016)

As Davis said, rules vary.

In B.C., the L/L must give 60 days' notice. In addition, the Residential Tenancy Act provides thus:

Tenant's compensation: section 49 notice
51 (1) A tenant who receives a notice to end a tenancy under section 49 [landlord's use of property] is entitled to receive from the landlord on or before the effective date of the landlord's notice an amount that is the equivalent of one month's rent payable under the tenancy agreement.

(1.1) A tenant referred to in subsection (1) may withhold the amount authorized from the last month's rent and, for the purposes of section 50 (2), that amount is deemed to have been paid to the landlord.


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## Mechanic (Oct 29, 2013)

The month to month thing has no bearing on anything. As stated above, you must give them a full 2 months notice, so make sure they get the notice early enough or you may not be able to get them out when you want. And yes, they get a free month. Just went through this to get my place back to repair all their damages and sell my headache. You can't sell it for 6 months either, or you have to give them another 2 months rent. Make sure everything is done properly because the BC Residential Tenancy branch is very pro tenant.


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## naysmitj (Sep 16, 2014)

We live in Ontario and are not looking to move any time soon. I had planned on giving 6 months notice so they have time to find alternate accommodations. They are great tenants and keep our house in very good condition.


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## Davis (Nov 11, 2014)

Six months likely exceeds the legal minimum and should generate some goodwill. Here is the Ontario site you should become familiar with as a landlord: http://www.sjto.gov.on.ca/ltb/


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