Acts and Regulations

R-10.2 - The Residential Tenancies Act

Section 24.12
Disposition versions

Full text
Limitation on landlord’s right to terminate
2022, c.17, s.3
24.12(1)Subject to section 24.13, a landlord shall not serve a notice of termination of a tenancy unless
(a) the landlord intends in good faith that the premises will be occupied for at least three consecutive months by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,
(b) the premises occupied by the tenant will be used other than as residential premises for at least three consecutive months, or
(c) Repealed: 2023, c.27, s.9
(d) the tenancy arises out of an employment relationship between the tenant and the landlord in which the employment relates to the maintenance or management of the premises, or both, and the employment relationship is terminated.
24.12(2)A landlord who serves a notice of termination under subsection (1) shall state the reason for the termination in the notice.
24.12(3)A tenant who is served notice of termination may apply in writing to a residential tenancies officer within 15 days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
24.12(4)When a tenant applies to a residential tenancies officer under subsection (3), the residential tenancies officer shall review the notice and ask the landlord to establish the reason for the termination.
24.12(5)The residential tenancies officer shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the residential tenancies officer that the reason for the termination is one of those listed in subsection (1).
24.12(6)The residential tenancies officer shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord establishes to the satisfaction of the residential tenancies officer that the reason for the termination is one of those listed in subsection (1).
24.12(7)If a tenant does not apply to a residential tenancies officer under subsection (3) within 15 days after the receipt of the notice of termination, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
24.12(8)If a landlord who has served a notice of termination on the basis of a reason listed in paragraph (1)(a) or (b) does not, within two months after the tenancy terminates, occupy, lease or use the premises in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may apply to the residential tenancies officer, within two years after the date the tenancy is terminated, in a form provided by the residential tenancies officer, to compensate the tenant for losses caused by the termination.
24.12(9)A residential tenancies officer who receives an application for compensation under subsection (8) may conduct an investigation and, after conducting the investigation, order the landlord to pay to the tenant an amount determined by the residential tenancies officer to compensate the tenant for losses caused by the termination, within the time specified in the order.
24.12(10)Subject to section 27, a decision of a residential tenancies officer under subsection (9) in respect of compensating a tenant and the amount of compensation to be paid by the landlord to the tenant is final and binding on the landlord and the tenant.
2022, c.17, s.3; 2023, c.27, s.9
Limitation on landlord’s right to terminate
2022, c.17, s.3
24.12(1)A landlord shall not serve a notice of termination of a tenancy unless
(a) the landlord intends in good faith that the premises will be occupied by the landlord, the landlord’s spouse, a child of the landlord, a parent of the landlord or a parent of the landlord’s spouse,
(b) the premises occupied by the tenant will be used other than as residential premises,
(c) the premises will be renovated to an extent that vacant possession is necessary to perform the renovations, or
(d) the tenancy arises out of an employment relationship between the tenant and the landlord in which the employment relates to the maintenance or management of the premises, or both, and the employment relationship is terminated.
24.12(2)A landlord who serves a notice of termination under subsection (1) shall state the reason for the termination in the notice.
24.12(3)A tenant who is served notice of termination may apply in writing to a residential tenancies officer within 15 days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
24.12(4)When a tenant applies to a residential tenancies officer under subsection (3), the residential tenancies officer shall review the notice and ask the landlord to establish the reason for the termination.
24.12(5)The residential tenancies officer shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the residential tenancies officer that the reason for the termination is one of those listed in subsection (1).
24.12(6)The residential tenancies officer shall confirm the notice of termination and may vary the day on which the tenancy is to terminate if the landlord establishes to the satisfaction of the residential tenancies officer that the reason for the termination is one of those listed in subsection (1).
24.12(7)If a tenant does not apply to a residential tenancies officer under subsection (3) within 15 days after the receipt of the notice of termination, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
24.12(8)If a landlord who has served a notice of termination on the basis of a reason listed in paragraph (1)(a), (b) or (c) does not, within two months after the tenancy terminates, occupy, lease, use or renovate the premises in a manner consistent with the reason for the termination as stated in the notice of termination, the tenant who was served with the notice of termination may apply to the residential tenancies officer, within two years after the date the tenancy is terminated, in a form provided by the residential tenancies officer, to compensate the tenant for losses caused by the termination.
24.12(9)A residential tenancies officer who receives an application for compensation under subsection (8) may conduct an investigation and, after conducting the investigation, order the landlord to pay to the tenant an amount determined by the residential tenancies officer to compensate the tenant for losses caused by the termination, within the time specified in the order.
24.12(10)Subject to section 27, a decision of a residential tenancies officer under subsection (9) in respect of compensating a tenant and the amount of compensation to be paid by the landlord to the tenant is final and binding on the landlord and the tenant.
2022, c.17, s.3