Question:

I have rented an apartment on an ongoing basis for the last two years. I pay rent monthly. I just gave notice of one month to my landlady, but she says I have to give three months notice because that is what we agreed to in the lease. Is she right?

by Guest779  |  11 years ago

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I have rented an apartment on an ongoing basis for the last two years. I pay rent monthly. I just gave notice of one month to my landlady, but she says I have to give three months notice because that is what we agreed to in the lease. Is she right?

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  1. Guest780

     No. The Residential Tenancies Act requires a tenant in a monthly periodic tenancy to give the landlord one month's written notice. A tenant cannot waive any of the rights that the tenant has under the Act. This means that even if your lease says that you have to provide three months' notice, you do not have to, because the Act trumps the lease agreement. You only have to provide one month's notice.

    On the other hand, the landlord can waive their rights under the Act. This means that the landlord could agree to provide a longer notice period than required by the law. This would only increase the rights of the tenant, which is allowed. 

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