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4.2 Giving Notice

When ending a month-to-month tenancy, you need to give your landlord one full month written notice.  If you are like most tenants and pay rent on the 1st of the month, then your move-out date will be the day before – that is, the last day of the month.  On that final day, your tenancy legally ends at 1:00pm.

Let’s look at a scenario. If you plan to move out on September 30th, your landlord would have to receive your written notice no later than August 31st.  If you give notice on September 1st, then all of October would become your one-month notice, and the last day of your tenancy would be October 31st. In other words, being even one day late giving notice could end up costing you another month of rent.

If you have a fixed-term tenancy agreement, (often referred to as a “lease”) you should check to see if it includes a move-out date.  Some fixed-term tenancy agreements include a term that requires the tenant to move out at the end of the fixed length of time.  If this is the case, you will have to move out on or before that date, and you do not need to provide notice to your landlord.

If your fixed-term tenancy agreement does not have a move-out clause, then your tenancy will most likely automatically continue as a month-to-month agreement.  If you do not want your tenancy to continue, then you will have to give your landlord one full month notice to move out.