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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  24 Oct 2014
Consolidated as at:  11 Jan 2005

42. Notice to vacate by owner

      (1) An owner of residential premises may serve on a tenant of the premises a notice requiring the tenant to deliver vacant possession of the premises to the owner for any of the following reasons:

(a) that the tenant has failed to comply with any provision of the residential tenancy agreement;

(b) that a residential tenancy agreement expired less than 28 days before the service of the notice;

(c) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that the residential tenancy agreement is not for a fixed period and the premises are to be sold, renovated or used for another purpose;

(d) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that a residential tenancy agreement is due to expire at least 28 days after service of the notice;

(e) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that an order has been made under section 86 of the Land Titles Act 1980 for foreclosure of the premises;

(f) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that the premises are to be sold pursuant to section 78 of the Land Titles Act 1980;

(g) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that the tenant has caused nuisance at the premises that is substantial.

      (2) A notice to vacate is not required if –

(a) the tenant has abandoned the residential premises; or

(b) an application under section 41 is made for an order of termination.

      (3) Any payment of rent after a notice to vacate takes effect does not constitute the existence of a new residential tenancy agreement.


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