Giving Notice

The following is for information only and should not be taken as law.
Please refer to the appropriate jurisdiction in your area.

Duration Terms

Your Rental Agreement most likely contains a clause that reads similar to;

• The tenancy created by this Agreement STARTS ON __ day of Month, Year, and is for a fixed term ending on the __ day of Month, Year. At the end of this time the tenancy will continue on a month to month basis, unless the tenant gives written notice to end the tenancy at least one clear month before the end of the term.

This clause sets the starting date of a tenancy which in most cases is 12 o'clock noon of the first day. In most jurisdictions a tenancy continues on a per month basis whether in writing or not. If for a set term, that term must be stated within the agreement. The fixed term part in this agreement is for the landlord's protection for the ability to collect liquidated damages if the tenant decides to move within the first year of tenancy.

NOTE:

The times of end of tenancy at 12 o'clock noon of the last day and the Beginning of tenancy at 12 o'clock noon of the first day, is to allow the landlord time to do any repairs or maintenance required to rent the suite in a condition acceptable to both the tenant and landlord.

Deposits

• SECURITY DEPOSIT AND PET DAMAGE DEPOSIT.

A Security Deposit in advance in the amount of $_____ paid on (date).

A Pet Damage Deposit in the amount of $_____ paid on (date).

The landlord agrees

1. that the security deposit and pet damage deposit must each not exceed one half of the monthly rent payable for the rental unit
2. to keep the security deposit and pet damage deposit during the tenancy and pay interest on same in accordance with the regulation, and
3. to repay the security deposit and pet damage deposit and interest to the tenant within 15 days of the end of the tenancy agreement, unless the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage, or the landlord applies for arbitration under the Act within 15 days of the end of the tenancy agreement to claim some or all of the security deposit or pet damage deposit. The 15 days period starts on the later of the date the tenancy ends, or the date the landlord receives the tenant's forwarding address in writing,
4. If the landlord does not comply with
5. the landlord may not make a claim against the security deposit or pet damage deposit, and must pay the tenant double the amount of the security deposit, pet damage deposit, or both.
6. The tenant may agree to use the security deposit and interest as rent only if the landlord gives written consent. At the end of the tenancy the landlord may retain from a security deposit or a pet damage deposit any unpaid amount that an arbitrator has ordered the tenant to pay to the landlord.

These clauses and subclauses set out the amounts due as deposits and the terms upon which they are kept, retained, forfeited and/or released back to the tenant.

The part of sub clause

3. that reads; “the tenant agrees in writing to allow the landlord to keep an amount as payment for unpaid rent or damage” does not grant the tenant permission to use the security deposits as part of the final month rent for in sub clause
4. it states clearly; “only if the landlord gives written consent”. The tenant would still be obligated to pay the full month rent upon giving notice to terminate the tenancy or be in breach of a material term of the agreement.

The tenant has an obligation to provide a forwarding address to the landlord upon vacating the tenancy. The landlord has an obligation to return all deposits in timely fashion.

Move-Out Inspection

Upon your moving in to the rental unit, the landlord should have had you sign a written inspection report. Upon your moving out of the rental unit, the landlord should go with you through the unit and check for any damages or items that need cleaning.

It is very important that you be with the landlord at the time of this inspection. If you do not sign off on the inspection report or give a proper forwarding address, in many jurisdictions, the landlord has the right to withhold your security deposit.