Acts and Regulations

R-10.2 - The Residential Tenancies Act

Section 11
Disposition versions

Full text
Contractual relationship
11(1)The relationship of landlord and tenant is one of contract only and a tenancy agreement does not confer on a tenant any interest or estate in land.
11(2)The doctrine of frustration of contract and the Frustrated Contracts Act apply to tenancy agreements.
11(3)Subject to this Act, the law respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party applies to tenancy agreements.
11(3.1)For the purposes of greater certainty, a notice to quit issued under this Act or a notice to vacate served on a tenant under subsection 19(1) does not abrogate or derogate from a common law remedy available to the landlord.
11(3.2)Where a notice to quit is issued under section 5 or 5.1 or a notice to vacate is served on a tenant under subsection 19(1), the landlord may recover damages, including damages in relation to rent that would have become due and payable if the tenancy had not been terminated by the notice to quit or the notice to vacate.
11(4)A landlord shall, to the extent that a party to a contract is required generally to do so under the law relating to breaches of contract, mitigate any damages resulting from
(a) an abandonment of the premises by the tenant,
(b) a termination of the tenancy by a tenant other than as permitted by this Act or the lease, or
(c) a termination of the tenancy by a notice to quit issued under section 5 or 5.1 or by a notice to vacate served on a tenant under subsection 19(1).
11(4.1)Where a notice to quit is issued under this Act or a notice to vacate is served on a tenant under subsection 19(1), the tenant is liable for any arrears of rent and the rent to the end of
(a) in the case of a week to week tenancy, the week in which the tenancy is terminated, or
(b) in the case of a tenancy other than a week to week tenancy, the month in which the tenancy is terminated.
11(5)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.7; 1991, c.21, s.2; 1993, c.23, s.3; 1996, c.51, s.2; 2023, c.27, s.5
Contractual relationship
11(1)The relationship of landlord and tenant is one of contract only and a tenancy agreement does not confer on a tenant any interest or estate in land.
11(2)The doctrine of frustration of contract and the Frustrated Contracts Act apply to tenancy agreements.
11(3)Subject to this Act, the law respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party applies to tenancy agreements.
11(3.1)For the purposes of greater certainty, a notice to quit issued under this Act or a notice to vacate served on a tenant under subsection 19(1) does not abrogate or derogate from a common law remedy available to the landlord.
11(3.2)Where a notice to quit is issued under section 5 or a notice to vacate is served on a tenant under subsection 19(1), the landlord may recover damages, including damages in relation to rent that would have become due and payable if the tenancy had not been terminated by the notice to quit or the notice to vacate.
11(4)A landlord shall, to the extent that a party to a contract is required generally to do so under the law relating to breaches of contract, mitigate any damages resulting from
(a) an abandonment of the premises by the tenant,
(b) a termination of the tenancy by a tenant other than as permitted by this Act or the lease, or
(c) a termination of the tenancy by a notice to quit issued under section 5 or by a notice to vacate served on a tenant under subsection 19(1).
11(4.1)Where a notice to quit is issued under this Act or a notice to vacate is served on a tenant under subsection 19(1), the tenant is liable for any arrears of rent and the rent to the end of
(a) in the case of a week to week tenancy, the week in which the tenancy is terminated, or
(b) in the case of a tenancy other than a week to week tenancy, the month in which the tenancy is terminated.
11(5)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.7; 1991, c.21, s.2; 1993, c.23, s.3; 1996, c.51, s.2
Contractual relationship
11(1)The relationship of landlord and tenant is one of contract only and a tenancy agreement does not confer on a tenant any interest or estate in land.
Frustration of contracts to apply
11(2)The doctrine of frustration of contract and the Frustrated Contracts Act apply to tenancy agreements.
Breach of material covenant
11(3)Subject to this Act, the law respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party applies to tenancy agreements.
Affect of a Notice to Quit on Common Law
11(3.1)For the purposes of greater certainty, a notice to quit issued under this Act or a notice to vacate served on a tenant under subsection 19(1) does not abrogate or derogate from a common law remedy available to the landlord.
Recovery of damages
11(3.2)Where a notice to quit is issued under section 5 or a notice to vacate is served on a tenant under subsection 19(1), the landlord may recover damages, including damages in relation to rent that would have become due and payable if the tenancy had not been terminated by the notice to quit or the notice to vacate.
Duty to mitigate damages
11(4)A landlord shall, to the extent that a party to a contract is required generally to do so under the law relating to breaches of contract, mitigate any damages resulting from
(a) an abandonment of the premises by the tenant,
(b) a termination of the tenancy by a tenant other than as permitted by this Act or the lease, or
(c) a termination of the tenancy by a notice to quit issued under section 5 or by a notice to vacate served on a tenant under subsection 19(1).
Tenants liability for rent when a Notice to Quit is issued
11(4.1)Where a notice to quit is issued under this Act or a notice to vacate is served on a tenant under subsection 19(1), the tenant is liable for any arrears of rent and the rent to the end of
(a) in the case of a week to week tenancy, the week in which the tenancy is terminated, or
(b) in the case of a tenancy other than a week to week tenancy, the month in which the tenancy is terminated.
Existing agreement for a term of years
11(5)This section does not apply to a tenancy agreement for a term of years entered into before this section comes into force.
1983, c.82, s.7; 1991, c.21, s.2; 1993, c.23, s.3; 1996, c.51, s.2