A member of our eviction team will contact you within 48 hours.
A Notice to Vacate is a conversation, letter, email, SMS or Whatsapp message from your landlord (or their lawyer) in which they state that they have cancelled your lease and that you must vacate the property by a certain date. If you breach the conditions of your lease your landlord is entitled to cancel it and ask you to leave.
If you receive a letter from your landlord telling you to leave your home, this does not mean you are evicted! You cannot be evicted without an order of court.
Receiving a Notice to Vacate does not mean you must leave your home. You can still engage with your landlord to try resolve any issues between you, such as paying any outstanding rent. If you cannot resolve your issues, you may need to go to court. Going to court can be expensive and time-consuming. It is always recommended to settle any disputes without going to court.
Many notices are unfair or unlawful. If you feel the notice your landlord gave you was unfair, you should point it out to them. If your Notice to Vacate is unfair or unlawful, you should make a complaint at the Rental Housing Tribunal.
If any of the following points apply to your Notice to Vacate, you have grounds to challenge it:
Below is a list of common breaches of lease conditions. Look at your own lease to see what conditions it contains:
Receiving a Notice of Vacate does not mean you are evicted! Check the signs of an unlawful Notice to Vacate section above to see if your Notice to Vacate is lawful.
Set up a meeting between you and your landlord to discuss your Notice to Vacate. It is best to communicate by email, SMS, or WhatsApp, because there is an automatic record of your conversation. If these options are not possible then you can use a phone call or a face-to-face conversation.
Keep a record of any attempts you made to engage. This will serve as evidence to strengthen your case if the matter ends up going to court.
Engage meaningfully with your landlord and highlight the particular details of your situation. If there are issues like outstanding rent or property damage, use this time to resolve them.
Congratulations, you can continue living in your home! Keep a record of the terms of your new agreement for future reference.
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