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Difference between revisions of "Moving Out When Renting"
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If you need to break a lease that runs for six months or more, you can find a new tenant to take your place. If you want to leave your home and not come back, you can "assign" it to another 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 need to break a lease that runs for six months or more, you can find a new tenant to take your place. If you want to leave your home and not come back, you can "assign" it to another 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 for the place while you are away. You can only assign or sublet with your landlord's permission. | If you want to leave your home and come back to it later, you can "sublet" to another tenant. You will be responsible for the place while you are away. You can only assign or sublet with your landlord's written permission. If you have 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. | ||
===Moving because repairs are not done=== | ===Moving because repairs are not done=== | ||
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===When problems are so serious you can't stay=== | ===When problems are so serious you can't stay=== | ||
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 ''Residential Tenancy Act'' does not define "material term" because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince a Residential Tenancy Branch | 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 ''Residential Tenancy Act'' does not define "material term" because a term could be material in one agreement and not another. If you end your agreement because you say the landlord breached a material term, you need to be prepared to convince a Residential Tenancy Branch arbitrator that as a result of the breach the tenancy could no longer continue. Call the [http://www.clicklaw.bc.ca/helpmap/service/1085 Tenant Information Line] or the [[Residential Tenancy Branch]] for more information. | ||
[[File:Tenant moving out.jpg | left | frame | link= ]] | [[File:Tenant moving out.jpg | left | frame | link= ]] | ||
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===Resources and forms=== | ===Resources and forms=== | ||
*TRAC Template Demand Letters - [http:// | *TRAC Template Demand Letters - [http://tenants.bc.ca/template-letters/ Notice to End Month-to-Month Tenancy Agreement, Request for Return of Security/Pet Deposit] | ||
*RTB [http://www.rto.gov.bc.ca/documents/RTB-8.pdf Mutual Agreement to End Tenancy] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-8.pdf Mutual Agreement to End Tenancy] | ||
*RTB [http://www.rto.gov.bc.ca/documents/RTB-27.pdf Condition Inspection Report] | *RTB [http://www.rto.gov.bc.ca/documents/RTB-27.pdf Condition Inspection Report] | ||