Notice of Lease Violation

What is a Notice of Lease Violation?

A Notice of Lease Violation, or Notice of Violation of a Tenancy Agreement, is a document through which a landlord can inform a tenant that they are in violation of their lease. This means that the tenant has not complied with one or more of the terms of the lease.

A Notice of Lease Violation may be sent to a tenant in order to keep a record of the tenant's behaviour and prior to sending a notice of eviction, which is an official legal notice that may lead to a tenant being evicted from their unit.

What is the difference between a Notice of Lease Violation and a notice of eviction?

A notice of lease violation is an unofficial courtesy document given by the landlord to the tenant notifying them that they are in default. A notice of eviction, on the other hand, is a legal document in prescribed government form for residential tenancies. A notice is normally sent before an eviction notice to attempt to resolve the issue.

What must a Notice of Lease Violation contain?

The notice of lease violation must include:

• the date;
• the address;
• the tenant's name(s);
• the landlord's name and contact information;
• a description of the violation and the relevant section of the lease agreement;
• a warning that if it isn't paid promptly, the necessary steps required will be taken.

The document must also reference the lease agreement.

What has to be done after a Notice of Lease Violation is ready?

Once signed, the notice of lease violation can be sent by registered mail, so as to create a record that the letter was sent and received by the tenant. This record may be useful in case of future legal action, such as an eviction action.

The landlord must monitor the situation, and if the tenant still does not comply, they may consider a notice of eviction.

Which laws are applicable to a Notice of Lease Violation?

The relationship between a landlord and tenant is governed by legislation and the lease agreement. The pieces of legislation governing residential tenancies are as follows:

Ontario: Residential Tenancies Act, 2006, S.O. 2006, c. 17

Alberta: Residential Tenancies Act, SA 2004, c R-17.1

Manitoba: The Residential Tenancies Act, CCSM c R119

Saskatchewan: Residential Tenancies Act, 2006, SS 2006, c R-22.0001

British Columbia: Residential Tenancy Act, SBC 2002, c 78

New Brunswick: Residential Tenancies Act, SNB 1975, c R-10.2

Nova Scotia: Residential Tenancies Act, RSNS 1989, c 401

Prince Edward Island: Landlord and Tenant Act, RSPEI 1988, c L-4

Yukon: Residential Landlord and Tenant Act, SY 2012, c 20

Northwest Territories: Residential Tenancies Act, RSNWT 1988, c R-5

Newfoundland and Labrador: Residential Tenancies Act, 2018, SNL 2018, c R-14.2

Nunavut: Residential Tenancies Act, RSNWT (Nu) 1988, c R-5

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