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Sunday, February 7, 2010

Landlord Series - Notice of Termination (Part 2)

The Landlord Series are various tips to help the owner of a rental property become a better and more informed landlord.

In this series we explain the Notice of Termination (Part 2).

Today we are going to explain the Notice of Termination for Non Payment Of Rent - probably the most common Notice of Termination that is served upon a tenant (commonly called an "eviction notice").

What is it? An Eviction Notice served on a tenant when they fail to pay their rent.
A landlord is entitled to give a Notice of Termination on the fifth day of a rental payment period.

For example: The rent is due on February 1st. If the tenant has not paid their rent on time, the landlord can served the eviction notice on February 5th.
When the landlord serves the notice to the tenant, they need to specify how long the tenant has to move out of the unit (the Residential Tenancies Act does not specify the length of time, but suggest to give enough time for a tenant to pack their belongings and arrange for a moving truck, etc.)

Important Notes: The Notice of Termination MUST contain the following information:

  • the address of the rental unit that the notice applies to:
  • the reason for giving notice
  • the amount of unpaid rent
  • the date the tenant is to move out
  • a statement that the tenant is entitled to disagree with or dispute the landlord's right to give notice
  • a statement that if the tenant pays the rent, they don't have to move unless the landlord states in writing that they still expect the tenant to go

If the tenant doesn't move out by the date in the notice, the landlord may then apply for an Order of Possession (to be explained in future Landlord Series)

Got questions? Email us at owners@garamark.net

GaraMark Property Management is located in Winnipeg, Manitoba and successfully balances protecting the investment of an owner while retaining happy tenants.

www.garamarkpropertymanagement.ca

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