Service of notice to vacate on tenant
19(1)Where a tenant fails to pay the rent due, the landlord may serve on the tenant a notice to vacate terminating the tenancy on the day specified in the notice in accordance with subsection (1.01), and requiring the tenant to vacate the premises on or before the day specified in the notice.
Day to be specified in notice to vacate
19(1.01)The day specified in a notice to vacate shall be at least fifteen days after the day on which the notice is served on the tenant.
19(1.1)A notice to vacate served under subsection (1) shall be on a form provided by a rentalsman and shall contain such information as may be required by this Act and the form.
Service of notice to vacate on rentalsman
19(1.2)Within seven days after a notice to vacate is served on a tenant under subsection (1), the landlord shall serve on a rentalsman a copy of the notice.
19(2)Repealed: 1996, c.51, s.3
19(3)Repealed: 1996, c.51, s.3
Effect of notice to vacate
19(4)Subject to subsection (6), where a notice to vacate has been served on a tenant under subsection (1) the payment of all of the rent due by the tenant within seven days after the tenant is served with the notice shall have the effect of cancelling the notice and continuing the tenancy.
Effect of notice to vacate
19(5)Repealed: 1983, c.82, s.11
Effect of notice to vacate
19(6)The notice to vacate is to be effective on the day specified in the notice in accordance with subsection (1.01), notwithstanding any payment of rent made by the tenant before that day,
(i)
the landlord previously served a notice to vacate on the tenant under subsection (1) and served on a rentalsman, within the time specified in subsection (1.2) and in accordance with that subsection, a copy of that notice to vacate, or
(ii)
a rentalsman served on the tenant, before the commencement of this subsection, a notice to quit requested by the landlord, and
(b)
if the landlord notifies the tenant in the notice to vacate that any payment of rent made by the tenant will not have the effect of continuing the tenancy as provided in subsection (4).
Priority of payment to arrears
19(7)Any payment of rent by a tenant is to be applied first to arrears of rent.
1983, c.82, s.11; 1996, c.51, s.3; 2000, c.31, s.1; 2006, c.5, s.13