''Do'DO:' give your landlord in writing a forwarding address where your security deposit can be sent. ''Don't'' move without giving at least give one full month's written notice if you have a to end your month-to-month tenancy agreementno later than the day before your rent is due. Failing to do so could result in you owing an extra month of rent.

== Giving '''DO NOT:''' use email, text messaging, or social media when providing your one-month notice ==to move out. The Residential Tenancy Act does not accept those forms of digital communication for such notice.

The landlord must receive your ==Giving notice no later than the day before your rent is due. For example, if you pay your rent on the first of the month and you are moving on May 31, your notice must be received on or before April 30. Your notice must be in writing. Include your name and address, and the date you are moving to move out. Sign and date your letter. Keep a copy for yourself.==

You [[File:Tenant moving out.jpg | left | frame | link= ]] ===Month-to-month tenancies=== If you have a month-to-month agreement, you can use TRAC's template end your tenancy by giving one-month notice no later than the day before your rent is due. For example, if you pay rent on the first day of the month and want to move out by May 31st, your notice must be received by your landlord no later than April 30th.  Your notice must be in writing, so avoid email, text messaging, and social media. Instead, give your landlord a signed and dated letterwith your name, signature, address, and move- out date, as set out in [http://tenantswww.bcbclaws.ca/templateEPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section52 section 52] of the ''RTA''. Make sure to keep a copy in a safe place and take photos for added protection. ===Fixed term tenancies=== If you have a fixed term agreement, giving notice to end your tenancy is a little more complicated. Since you have entered into a legal contract for a fixed amount of time, you are generally not allowed to give notice to move out before the end of your term.  Most fixed term tenancies convert to month-to-letters/ Notice month tenancies at the end of the term. However, if you plan to End Monthmove out at the end of the term rather than have your tenancy continue, you must provide one-month notice in writing no later than the day before your rent is due – just like month-to-Month Tenancy Agreement]month agreements.

===Taking back '''Vacate clauses:''' Vacate clauses can only be used in situations listed in [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section13.1 section 13.1] of the ''Residential Tenancy Regulation''. If your agreement has a vacate clause, you do not have to give proper notice===before moving out, since you already agreed to your move-out date when signing your tenancy agreement.

If you have given written notice that you are moving, and the landlord learns that you will not move on the day that you said you would, the landlord can apply for an order to take possession of the place on the day you were supposed to move. In other words, you can’t give notice that you are moving and then change ===Changing your mind unless the landlord agrees in writing to let you stay.===

===Short Unless you obtain your landlord’s permission in writing, you are not allowed to change your mind once you have provided proper written notice===to end your tenancy. If your landlord suspects that you will not move out as planned, they can apply for an Order of Possession that will take effect on the date you are supposed to leave.

===Serving [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section88 Sections 88-90] of the ''Residential Tenancy Act (RTA)'' cover the rules about how tenants and landlords can give, or “serve”, forms and notices to each other. When it comes to serving your one month written notice===, or any other type of form or notice, you should avoid email, text messaging, and social media, and instead use one of the following methods:'''# In person:''' You can serve your written notice in person to your landlord, an adult who lives with your landlord, or an agent of your landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. A notice delivered in person is considered received that same day. '''# Post the notice:''' You can attach your written notice in a visible spot at your landlord’s home, or the place where they carry out business as a landlord. For example, you can tape the notice to your landlord’s door. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. Do not slide the notice under your landlord’s door. The ''RTA'' says that a posted notice is considered received on the third day after being posted. '''# Mailbox or mail slot:''' You can put your written notice in the mailbox or mail slot at your landlord’s home, or the place where they carry out business as a landlord. If possible, bring a witness so you have proof that your notice was served properly. Write the date, time, and location of the delivery on your copy of the notice and have your witness sign it. The ''RTA'' says that a notice left in the mailbox or mail slot is considered received on the third day after being left. '''# Fax:''' You can serve your written notice by fax, if your landlord has provided you with a fax number for serving documents. Keep the confirmation printout showing the date and time the fax was sent. The ''RTA'' says that a faxed notice is considered received on the third day after being faxed. '''# Mail:''' You can serve your written notice using regular or registered mail. If you want proof that your landlord received the notice, send it by registered mail so that Canada Post can give you confirmation. The ''RTA'' says that a mailed notice is considered received on the fifth day after being mailed.

The landlord can be the owner or the manager of your building, or even another tenant renting to you. There are different ways to serve the notice to your landlord that you are moving:*'''In personProof of Service:''': Give the notice It is important to the landlord at home or at the place where he or she carries on business as a landlord. You can also give the notice to an adult who lives with the landlord, or always have proof that you can give the notice to the landlord’s agent. Bring served a witness who has read the notice with youdocument properly. Write down on your copy of the notice the time, date and place where you delivered it, and get your witness to sign it. Do not give the notice to a child. Make sure you have a witness. The law says the notice is received the same day if you deliver it in person.*'''Post the notice''': To post the notice, attach it in a visible spot at the landlord's homehelp with this, or consider using the place where he or she carries on business as a landlord. For exampleSmall Claims Court form, you can tape the notice to the door. Bring a witness so you can prove the date that you posted the notice. Ask your witness to read the notice before you deliver it. Do not slide the notice under the door. The law says the notice is received on the third day after you post it.*'''Mailbox or mail slot'''[https: Put the notice in the mailbox or through the mail slot//www2. Bring a witness so you can prove the date that you delivered the noticegov. Ask the witness to read the notice before you deliver itbc. The ca/assets/gov/law says the notice is received on the third day after it is left.*'''Fax''': You can serve your notice by fax if the landlord has provided you with a fax number for sending notices or documents. Keep the transmittal print-out that confirms the date that the fax was receivedcrime-and-justice/courthouse-services/court-files-records/court-forms/small-claims/scl004f. The law says the notice is received on the third day after you fax it.*'''Mail''': You can mail your notice by regular or registered mail. If you want proof that the landlord received your notice, send it by registered mail. The post office will give you a receipt to prove that you mailed your notice. The law says the notice is received on the fifth day after you mail it, so make sure you give yourself enough timepdf “Certificate of Service”].

== Breaking '''Rebuttable presumption:''' When determining the date a lease ==document is legally considered received, there is always a “rebuttable presumption”. This means that even though the ''RTA'' has rules about when documents are considered received, they may not apply if there is evidence of the document being received on a different date. For example, if you mail a notice to your landlord and get email confirmation that they received it three days later, an argument could be made that it was received after three days rather than five days.

#'''Lease with a "move-out" clause:''' If your lease (also called a fixed-term tenancy agreement) says you have to move out when Most documents can be served in any of the lease endsways listed above, but there are some exceptions. For tenants, you might not get any other there are two types of documents where special rules apply – an application for dispute resolution and a notice from your landlordan arbitrator to review a decision or order. If you want to stay, you must sign These types of documents can only be served in a limited number of ways:# by leaving a new agreement copy with the landlord. ;#'''Lease without by leaving a "move-out" clause:''' A lease that says you have to stay for a minimum length copy with an agent of time (usually one year), but doesn't give the landlord; or# by sending a date when you must move out. This type of agreement lets you stay on after copy by registered mail to the address at which the lease ends and rent month-landlord lives, or to-month. If you want to move the address at which the landlord carries on the date that your lease runs out, you must give business as a full month's notice in writing to your landlord. See the section [[Making Your Tenancy Agreement]] for more information about leases.;

If you move out before the end of your lease ("break your lease") without finding someone to take it over===Emails, your landlord can require you to pay the rent until another tenant moves in. You may be able to challenge thistexts, if the landlord is not trying to find another tenant. Give as much notice as possible, in writing.and social media===

===Charges for breaking The ''Residential Tenancy Act (RTA)'' does not recognize email, text messaging, and social media as acceptable methods of service. This means that when an official Residential Tenancy Branch (RTB) form must be served, or the ''RTA'' requires that something be done “in writing”, it is always safest to rely on hardcopy documents rather than email, text messaging, and social media. Landlords should never attach an eviction notice to an email, and tenants should never text their one-month notice to move out. If these issues ended up in dispute resolution, an arbitrator may rule that the documents were improperly served. That being said, if you receive a lease===document that was not served properly, the safest option is to not ignore it. For example, if your landlord emails you an eviction notice, you should consider disputing it through the RTB so that an arbitrator can dismiss it and instruct your landlord to not illegally evict you.

If you move before your lease endsWhile hardcopy documents should always be used when serving official RTB forms and notices that are legally required to be given “in writing”, email, text messaging, you could and social media may be responsible for your landlord’s advertising and administrative costs acceptable when it comes to find another tenantmore general correspondence. This charge For example, since there is called liquidated damages. The amount should be no official RTB form for requesting repairs, a reasonable estimation series of the cost of re-renting the place. You can dispute an unreasonable amount through emails showing your landlord’s neglect for a [[Dispute Resolution for Tenants|repair request might be accepted as evidence at dispute resolution hearing]] at – as long as you can prove that your landlord received the [[Residential Tenancy Branch]]emails. Keep in mind that in addition When it comes to liquidated damagesemail, text messaging, and social media evidence at dispute resolution, you may be responsible for rent until the place is re-rented arbitrator handling your case will always have the final say on whether or your lease endsnot to accept the evidence.

===Finding someone to take over your Illegally breaking a lease===

If you need move out before the end of your fixed term tenancy – often referred to break a lease that runs for six months or more, you can find as “breaking a new tenant to take lease” – your place. If you want landlord may be entitled to leave your home some money, depending on how much rental income they lost and not come back, you can "assign" it whether they made reasonable efforts to another find a replacement tenant. In this case, the assignee becomes responsible for the remainder of your lease. However, you may still be held responsible if the assignee does not carry out the terms of the agreement.

If you want to leave your home and come back to it later, you can "sublet" to another tenant. You will be responsible ===Consequences for the place while you are away. You can only assign or sublet with your landlord's written permission. If you have breaking a fixed-term tenancy of six months or longer, your landlord can't be unreasonable or unfair in refusing permission. If the landlord won't give permission, you can go to dispute resolution. lease===

===Moving because repairs are You may have to pay your landlord some money if you end your fixed term tenancy early, but it is not done===as simple as automatically owing the remaining months of rent. Once you have broken your lease, your landlord has a legal responsibility to minimize your loss, or “mitigate”, by trying to re-rent your unit at a fair price. See Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl05.pdf Policy Guideline 5] for more information.

You may If your landlord is forced to re-rent your unit at a $25 discount to secure a replacement tenant, they could be in a situation where you are frustrated that repairs are not being done and you want entitled to move$25 per month over the remaining term of your agreement. You should still give However, if your landlord proper notice or else can re-rent your unit for more than what you might were paying, that additional money they will earn over the remaining months of your agreement can be charged for the next month's rent in addition applied to , or “set off” against, any other money you owe your landlord's cost of refor unpaid rent or damages. See [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-renting the placeguidelines/gl03. If you are breaking a lease, then you may be charged even pdf RTB Policy Guideline 3] for more. You have the right to apply for dispute resolution if there are repairs that need to be doneinformation.

===When problems are so serious If your landlord applies for a monetary order against you can't stay===but cannot prove that they made an honest attempt to re-rent your unit, you may not be required to pay for any of their lost rental income. This means that if your landlord refused to show your unit to potential tenants, never posted an advertisement, or had too high of an asking price, they may not be entitled to any monetary compensation.

Under serious circumstances you can move with short notice because the landlord has breached a material term in your tenancy agreement. You must first give your landlord written notice of the breach and an opportunity to do something about it. Then if the landlord does not do anything about the problem you can end your tenancy. ''(See section 45(3) and 52 of the [[Residential Tenancy Act|RTA]].)'' Keep in mind that the Liquidated damages:''Residential Tenancy Act'' does not define "material term" because If you break a lease that includes a term “liquidated damages” clause, you could be material in one agreement and not another. If you end your agreement because you say held responsible for the landlord breached costs associated with finding a material termreplacement tenant. A liquidated damages clause cannot be unreasonably high, you need especially considering the number of free online advertising options that are available. Liquidated damages is supposed to be prepared to convince a Residential Tenancy Branch arbitrator that as a result reasonable pre-estimate of the breach the tenancy could no longer continuecost of re-renting a unit – not a penalty for breaking a lease. Call the See [httphttps://wwwwww2.clicklawgov.bc.ca/helpmapassets/servicegov/1085 Tenant Information Line] or the [[Residential Tenancy Branch]housing-and-tenancy/residential-tenancies/policy-guidelines/gl04.pdf RTB Policy Guideline 4] for more information.

==Alternatives to breaking a lease== If you must end your tenancy early, there are a few options to consider before packing up and leaving. Depending on your situation, you may be able to end your tenancy without having to illegally break your lease. ===Mutual agreement to end tenancy=== Your landlord may simply agree to end your tenancy early. To help convince them, offer to help find a new tenant by advertising your rental unit and making it accessible for regular viewings. The Residential Tenancy Branch (RTB) offers a standard [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb8.pdf “Mutual Agreement to End Tenancy”] form. ===Sublet / assignment=== You might be able to sublet or assign your tenancy agreement. A sublet occurs when a tenant temporarily moves out and rents their unit to a subtenant until they return, whereas an assignment occurs when a tenant permanently moves out and transfers their agreement to a new tenant. To sublet or assign your tenancy agreement, you must have your landlord’s written consent. However, according to [Filehttp:Tenant //www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section34 section 34(2)] of the ''Residential Tenancy Act (RTA)'', if your fixed term tenancy agreement has at least six months remaining on it, your landlord cannot unreasonably withhold their consent. If you believe your landlord is unreasonably withholding consent, you have the right to apply for dispute resolution to ask for an order allowing you to sublet or assign your tenancy.  There are important differences between sublets and assignments. When you sublet a rental unit, you retain rights and responsibilities associated with that tenancy agreement. However, when you assign a rental unit, your rights and responsibilities are usually transferred to the person to whom you are assigning the agreement. See RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl19.pdf Policy Guideline 19] for more information. '''Exception:''' The sublet and assignment rules in the ''RTA'' do not apply to non-profit housing that falls under [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section2 section 2] of the ''Residential Tenancy Regulation''. ===Landlord breach of a material term=== According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section45 section 45(3)] of the ''RTA'', you can consider ending your tenancy early if your landlord has breached a “material term” and failed to correct the situation within a reasonable period after receiving your written warning. According to RTB [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl08.pdf Policy Guideline 8], a material term is a term that is so important that even the simplest breach or violation may give you the right to end the tenancy. The ''RTA'' does not define “material term”, since the same term could be considered material in one tenancy but not another. If you end your tenancy due to breach of a material term, your landlord may apply for a monetary order against you, so be prepared to convince an arbitrator that there was no way your tenancy could have continued. Alternatively, you can apply for dispute resolution to request permission to end your tenancy early. ===Family violence or long-term care=== Tenants can end a fixed term tenancy early by providing one month written notice if they:* need to leave their rental unit to protect themselves or their children from family violence;* have been assessed as requiring long-term care; or* have been accepted into a long-term care facility. To legally end a tenancy in these circumstances, you must provide your landlord with a completed RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb49.pdf “Ending Fixed Term Tenancy Confirmation Statement”], signed by an authorized third-party verifier. When ending a tenancy early due to family violence, here are some common examples of third party verifiers:* medical practitioner;* nurse practitioner;* psychologist;* social worker;* police officer;* counsellor;* practising lawyer; or* victim court support caseworker; When ending a tenancy early due to long-term care, here are some common examples of third party verifiers:* medical practitioner;* nurse practitioner;* psychologist;* social worker; * manager of a long-term care facility; or* occupational therapist. For more information on this topic, including a full list of all third-party verifiers, see [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#part7 Part 7 of the Residential Tenancy Regulation].  ==Cleaning responsibilities== Residential Tenancy Branch [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/policy-guidelines/gl01.pdf Policy Guideline 1] provides an overview of your responsibility to clean your rental unit when moving out.jpg | left | frame | linkHere are some examples of areas in your rental unit that you are expected to clean:* the inside and outside of appliances, such as the stove, fridge, and dishwasher;* behind and underneath the fridge and stove, if they are on rollers and can be pulled out;* floors and wall vents;* the insides of all your windows and doors;* the outside of any sliding glass doors or balcony windows;* blinds and window coverings;* walls and baseboards;* any fireplace you used, as well as its screen, vent, or fan; and* if your tenancy was at least one year, or you smoked or had pets, the carpets should be steam cleaned or shampooed. ==Move-out condition inspection reports== At the end of your tenancy, you and your landlord should walk through your rental unit and complete a move-out condition inspection report. This is a chance to fill out a checklist and document the condition of your home. Completing this report when you move in and move out will help determine how much damage, if any, has been caused during your tenancy. = ==Approved forms=== There is a good chance your landlord will use the standard Residential Tenancy Branch (RTB) [https://www2.gov.bc.ca/assets/gov/housing-and-tenancy/residential-tenancies/forms/rtb27.pdf Condition Inspection Report]. However, if they choose to use their own custom form, it should still contain all the information required by [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section20 section 20]of the ''Residential Tenancy Regulation (RTR)'' – just like the standard RTB form.

== Cleaning and move-out =Scheduling an inspection ===

You According to [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/10_477_2003#section17 section 17] of the ''RTR'', your landlord must leave your place clean when offer you at least two opportunities – between 8am and 9pm – to complete the move -outcondition inspection. You are responsible for the cost of repairing damage caused by If you or do not accept their first offer, your guests. The landlord is responsible for normal wearrequired to serve you with the RTB form, [https://www2.gov.bc.ca/assets/gov/housing-and-teartenancy/residential-tenancies/forms/rtb22.pdf “Notice of Final Opportunity to Schedule a Condition Inspection”]. If something wears out over months or years of normal use, you may not have to pay are still unavailable for it. Usuallythe second opportunity, you don't can have to paint walls even someone else participate on your behalf. Even if there you are small nail holes. You might have able to clean your carpets or drapesparticipate in the inspection, depending on how long you have lived there and whether you had pets may want to consider bringing a friend or smoked in family member as a witness. Ideally, the place. You are responsible for any damage that has occurred since you did your move-in out condition inspection reportshould be completed on the day your tenancy ends, once all your belongings have been removed from the rental unit. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section35 section 35] of the ''Residential Tenancy Act'' for more information.

===If you didn't do a move-Participating in the inspection===

If you moved into your place, or began keeping It can be a pet, after January 1, 2004good idea to take photos and videos during the inspection, especially if you and disagree with your landlord should about the condition of your rental unit. Once you have completed a the condition inspection report. However, even if you moved in before this make sure to sign and date you have to do an inspection the report when you move out. While If you won't have a move-in report to compare disagree with your move-out report to, at least you and the landlord will have documented about any part of the condition of inspection, there should be space on the place in case you need form to go to dispute resolutionlist your concerns. You If you do not have sign the report because you disagree with it, it may be difficult to agree with prove that you participated in the inspection. Your landlord on must give you a copy of the completed report, but you must still participatewithin 15 days of completing the inspection. Keep your copy in a safe place and take photos for added protection.

===Getting your security deposit back=returned==

You If you would like to have the right to get your full security and pet damage deposit backreturned, unless there the first step is damage, you didn’t participate in the condition inspection reports, you owe rent or utility payments, or you left the place dirty. You must to provide your landlord with a forwarding address in writing indicating where your deposit can be sent . Make sure to. You cannot use have evidence that you provided your deposit to pay part of the last month's rentforwarding address, unless the landlord agrees in writingsuch as a witness or registered mail confirmation. See You should also have the section option to list your forwarding address on [[Security Deposits and Additional Fees]]the move-out condition inspection report.

===When the Once you have provided your forwarding address in writing and your tenancy has officially ended, your landlord owes you more than has 15 days to take one of the following three actions:# return your deposit;# get your written permission to keep some or all of your deposit; or# apply for dispute resolution to keep some or all of your deposit===.

If you want to claim money that you feel the Your landlord owes you in addition to can return your depositby delivering it in person, you can apply for [[Dispute Resolution for Tenants|dispute resolution]] at the Residential Tenancy Branch. For examplemailing it, you can make a claim for compensation for the time that you lived with a serious repair problemleaving it in your mailbox or mail slot, although you should have evidence of the problem and copies of letters asking the or sending it electronically. If your landlord returns your deposit by electronic means, they are not allowed to deal with itcharge a fee.

===LandlordYour landlord cannot simply decide on their own to keep your deposit. If they want it, they need written permission from either you or the Residential Tenancy Branch. After 15 days, if your landlord has not returned your deposit, obtained your written consent, or applied for dispute resolution, [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section38 section 38] of the 's claim==='Residential Tenancy Act (RTA)'' gives you the right to go after your landlord through dispute resolution for double the amount of your deposit.

The '''Condition inspection reports:''' If your landlord can apply for dispute resolution does not give you a chance to claim money from the deposit for things like cleaningparticipate in a move-in or move-out condition inspection, damage or unpaid rent and utilities. The landlord must give does not provide you notice with a copy of either report within the dispute resolution hearingrequired timelines, so you can go and tell they lose the right to claim against your side of security or pet damage deposit for damage to the storyrental unit. The landlord has Conversely, if you fail to participate in an inspection after receiving two years from opportunities, you may lose the date you moved out right to make a monetary claim against youhave your deposit(s) returned. See [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section24 sections 24] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_02078_01#section36 36] of the ''RTA'' for more information.