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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  20 May 2013
Consolidated as at:  11 Jan 2005

Division 2 - Notice to vacate

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.

43. Effect of notice to vacate

      (1) A notice to vacate takes effect on a date specified in the notice that is a date –

(a) [Section 43 Subsection (1) amended by No. 67 of 2003, s. 20, Applied:05 Mar 2004] at least 14 days after the notice is served, if the notice is for the reason referred to in section 42(1)(a), (b) or (g); or

(b) [Section 43 Subsection (1) amended by No. 67 of 2003, s. 20, Applied:05 Mar 2004] at least 28 days after the notice is served, if the notice is for the reason referred to in section 42(1)(c), (d), (e) or (f).

      (2) A notice to vacate on the ground of failure to pay rent is of no effect if a tenant pays all arrears in rent before that notice takes effect unless 2 or more notices to vacate on that ground have been served on the tenant during the immediately preceding 12 months.

      (3) A notice to vacate on the ground that the tenant has failed to comply with a provision of the residential tenancy agreement is of no effect if the tenant complies with that provision before the period referred to in subsection (1)(a) expires.

      (4) [Section 43 Subsection (4) inserted by No. 67 of 2003, s. 20, Applied:05 Mar 2004] A notice to vacate expires after the period of 28 days from the day on which it took effect.

44. Form of notice to vacate

A notice to vacate is to state the following:

(a) the date of serving the notice;

(b) the name of the tenant;

(c) the name of the owner;

(d) the residential premises to which the notice relates;

(e) details of the reason for which the notice is served;

(f) the date on which the notice takes effect.

45. Order for vacant possession

      (1) [Section 45 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner may apply to the Court for delivery of vacant possession of residential premises by the tenant if a notice to vacate in respect of the premises has taken effect and vacant possession has not been delivered to the owner.

      (2) [Section 45 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner is to serve on the tenant a copy of an application under subsection (1) a reasonable time before the application is heard.

      (3) [Section 45 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may order that vacant possession be delivered to the owner if satisfied that –

(a) a notice to vacate the premises was properly given; and

(b) the reason for serving the notice to vacate was genuine or just; and

(c) vacant possession was not delivered to the owner; and

(d) the tenant was served with a copy of the application.

      (4) An order under subsection (3) is to specify the date on which it takes effect.

      (5) A notice to vacate is properly given if –

(a) the notice states the information required under section 44; and

(b) the tenant was served with the notice; and

(c) [Section 45 Subsection (5) amended by No. 67 of 2003, s. 21, Applied:05 Mar 2004] .  .  .  .  .  .  .  .