Quote:
Originally Posted by photon
I think so, the security deposit can be used to cover any money owing.
BTW strictly speaking you can't "not renew" a lease with a tenant.. rather if you don't renew a fixed term lease, it converts to a periodic lease with the same terms. You as the landlord can't opt to not renew the lease and basically force them out; that's not legal.
There's only specific circumstances where a landlord can compel a tenant to leave. Mind you nonpayment of utilities if they committed to pay that would be cause (since that would basically be part of the rent I think).
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Where'd you hear that? That would completely remove all meaning to the notion of a fixed term. A fixed term expires on the day set out in the agreement. If no renewal is agreed to the tenant is obliged to vacate. I would recommend giving tenants notice a month in advance if you are not intending to renew a lease and that you want them out, but you certainly can do so if you have a fixed term. You can't 'terminate' a lease except for the reasons the act provides for, but a fixed term tenancy terminates on its term.
(i) “periodic tenancy” means
(i) a tenancy under a residential tenancy agreement that is renewed or continued without notice,
(ii) with respect to a fixed term tenancy that contains a provision allowing for renewal or continuation of the tenancy without notice, that part of the tenancy that arises after the end of the fixed term tenancy, and
(iii) with respect to a fixed term tenancy that does not contain a provision referred to in subclause (ii), the part of the tenancy that arises after the end of the fixed term tenancy, where the landlord and tenant by their conduct expressly or impliedly indicate that they intend that the tenancy be renewed or continued after the end of the fixed term tenancy
Notice to terminate not required
15 Notwithstanding any agreement to the contrary, notice to terminate is not required in order to terminate a fixed term tenancy.
A periodic tenancy can arise from a fixed tenancy if the landlord is dumb enough to keep accepting rent cheques and not tell people to get out when they fail to move out on the last day of the fixed tenancy, but it's certainly not automatic. You can wait till the last day of the fixed term teancy, show up at the door and tell them to get out.