Acts and Regulations

R-10.2 - The Residential Tenancies Act

Section 24.7
Disposition versions

Full text
Limitation on landlord’s right to terminate
Repealed: 2022, c.17, s.7
1997, c.13, s.4; 2022, c.17, s.7
24.7Repealed: 2022, c.17, s.8
1997, c.13, s.4; 2017, c.1, s.1; 2022, c.17, s.8
Limitation on landlord’s right to terminate
1997, c.13, s.4
24.7(1)Where a tenant has occupied premises for five consecutive years or more, the landlord shall not serve a notice of termination of the 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 such an extent that vacant possession is necessary to perform the renovation, 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.
24.7(2)A landlord who serves a notice of termination of a tenancy under subsection (1) shall state the reason for the termination in the notice of termination.
24.7(3)A tenant who is served notice of termination of the tenancy may apply in writing to a residential tenancies officer within fifteen days after the receipt of the notice to have the notice reviewed by the residential tenancies officer.
24.7(4)If a tenant applies to a residential tenancies officer under subsection (3), the residential tenancies officer shall review the notice and shall ask the landlord to establish the reason for the termination.
24.7(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).
24.7(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).
24.7(7)If a tenant does not apply to a residential tenancies officer under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
24.7(8)If a landlord who has served a notice of termination of a tenancy 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 bring an action to compensate the tenant for losses caused by the termination.
24.7(9)If, before the commencement of this subsection, a notice of termination is served by a landlord on a tenant who has occupied the premises for five consecutive years or more before the notice of termination is served, but the termination is not effective until after the commencement of this subsection, the notice is void unless it has been served in accordance with subsection 24.6(1), the reason for the termination is one of those listed in subsection (1) and the reason has been stated in the notice.
1997, c.13, s.4; 2017, c.1, s.1
Limitation on landlord’s right to terminate
1997, c.13, s.4
24.7(1)Where a tenant has occupied premises for five consecutive years or more, the landlord shall not serve a notice of termination of the 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 such an extent that vacant possession is necessary to perform the renovation, 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.
24.7(2)A landlord who serves a notice of termination of a tenancy under subsection (1) shall state the reason for the termination in the notice of termination.
24.7(3)A tenant who is served notice of termination of the tenancy may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
24.7(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish the reason for the termination.
24.7(5)The rentalsman shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).
24.7(6)The rentalsman 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 rentalsman that the reason for the termination is one of those listed in subsection (1).
24.7(7)If a tenant does not apply to a rentalsman under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
24.7(8)If a landlord who has served a notice of termination of a tenancy 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 bring an action to compensate the tenant for losses caused by the termination.
24.7(9)If, before the commencement of this subsection, a notice of termination is served by a landlord on a tenant who has occupied the premises for five consecutive years or more before the notice of termination is served, but the termination is not effective until after the commencement of this subsection, the notice is void unless it has been served in accordance with subsection 24.6(1), the reason for the termination is one of those listed in subsection (1) and the reason has been stated in the notice.
1997, c.13, s.4
Limitation on landlord’s right to terminate
1997, c.13, s.4
24.7(1)Where a tenant has occupied premises for five consecutive years or more, the landlord shall not serve a notice of termination of the 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 such an extent that vacant possession is necessary to perform the renovation, 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.
24.7(2)A landlord who serves a notice of termination of a tenancy under subsection (1) shall state the reason for the termination in the notice of termination.
24.7(3)A tenant who is served notice of termination of the tenancy may apply in writing to a rentalsman within fifteen days after the receipt of the notice to have the notice reviewed by the rentalsman.
24.7(4)If a tenant applies to a rentalsman under subsection (3), the rentalsman shall review the notice and shall ask the landlord to establish the reason for the termination.
24.7(5)The rentalsman shall set aside the notice of termination if the landlord fails to establish to the satisfaction of the rentalsman that the reason for the termination is one of those listed in subsection (1).
24.7(6)The rentalsman 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 rentalsman that the reason for the termination is one of those listed in subsection (1).
24.7(7)If a tenant does not apply to a rentalsman under subsection (3) within fifteen days after the receipt of the notice of termination of the tenancy, the tenant shall be deemed to have accepted the notice as terminating the tenancy on the day set in the notice.
24.7(8)If a landlord who has served a notice of termination of a tenancy 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 bring an action to compensate the tenant for losses caused by the termination.
24.7(9)If, before the commencement of this subsection, a notice of termination is served by a landlord on a tenant who has occupied the premises for five consecutive years or more before the notice of termination is served, but the termination is not effective until after the commencement of this subsection, the notice is void unless it has been served in accordance with subsection 24.6(1), the reason for the termination is one of those listed in subsection (1) and the reason has been stated in the notice.
1997, c.13, s.4