Ending Tenancy

Tenancy occurs when one party assumes possession of a premise for a period of time. When the period elapses or when both parties agree to end term, then an end of tenancy occurs. The parties here are tenant versus property owner or property custodian.

Two main reasons can lead to end of tenancy. It could end after the fixed duration elapses. This is usually a date specified in the contract. It can also end at a date agreed on by both parties because, there was no fixed end date. Here, the parties mutually agree in writing to end tenancy. Other reasons can be: end because of breach of contract by either party, when the property goes on sale, when the property is being repossessed due to unpaid mortgage or when the tenant dies.

End of tenancy can be initiated by either party. The initiator is expected to serve the other party with a notice. The notice is a written communication informing the other party of the intention/requirement to vacate premise within a certain period. The period can be between 2 days to 90 days depending on circumstances. In this case, the tenant serves the owner with a notice with intention to leave. While the owner/custodian serves the tenant with a notice to leave. The notice can be served by mail or in person and it should be accompanied with the correct form.

The tenant has the right to request the owner/custodian for an extension or renewal of tenancy. This should be done through asking for a new tenancy agreement. This is mainly for expiration of fixed tenancy.

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