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If no contract was signed and the verbal agreement was month-to-month (no specific end of tenancy) must 1 full month of notice be given to move out and get the damage deposit back?

  • Where is the rental located? – WBT Sep 2 '15 at 13:21
  • @WBT it's in BC – clipclopshop Sep 2 '15 at 20:11
  • The way I wrote mine the counter resets on the first so you would have to wait until the first. But I normally prorate unless the direct damages would exceed the deposit. – Joshua Jan 12 '16 at 0:21
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In Ontario, you're normally required to give at least a 60-day notice to end the tenancy.

In many other jurisdictions, it's normally 25 to 30 days.

It appears that in British Columbia, a notice must be received at least one month before the effective date of the notice (and, weirdly enough, if the government site as per below is to be believed, it looks like you must still pay for one full month of rent after giving out a notice, e.g., you might effectively have to give out the notice as many as almost two months prior to moving out).

A quick search (for something like >>british columbia tenancy 30 days<<) reveals a government web-site on the matter:

http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy.

http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/ending-a-tenancy/tenant-notice

For a month-to-month, or periodic tenancy agreement, a tenant must serve written notice to end the tenancy so that it’s received:

  • At least one month before the effective date of the notice, and
  • Before the day that rent is due

In order for the tenancy to end the following month, the landlord has to receive the notice before the date the rent is normally paid. For example, if rent is due on the first day of the month, a notice given on March 15 would not take effect until the last day of April and the tenant would have to pay rent for the month of April.

Ouch! Basically, it looks like you must still pay the landlord for one full month of rent after giving out the notice.

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  • That's exactly what I said in my answer. Statutes like that are most common. It is typically one month from the date rent is due. When there is a date certain that you pay rent (usually either the first of the month or the date the tenancy began), if you give notice any time after the point in which the rent is due, the 30 day period starts 30 days from the period's beginning. So if you don't give notice until the 3rd and rent was due on the 1st, you're on the hook for nearly two months! – gracey209 Sep 4 '15 at 7:09
  • @gracey209, I thought they're usually just a normal 25 to 30 days! so, with this end of month + 1 month rule, is there no option to end a lease mid-month at all? or does it then have to be into a third-month, if we're giving a notice after already having had paid for the present month? – cnst Sep 4 '15 at 8:15
  • So hypothetically, you have no rental agreement? And you pay on the first? – gracey209 Sep 4 '15 at 12:28
  • If that is the case, then yes. Unfortunately, you should have given written notice with your rent, or if you payed the last month prior, then a month before you plan to move. If you gave notice on the fifth, you have to give notice at the end of the month, and pay for a last final month. You can move, but you'll still have to pay that last month. – gracey209 Sep 4 '15 at 12:31
  • If the place has unfixed problems or if the landlord is doing something that gives you the legal right to give less than a months notice that is another situation. You can claim constructive eviction in those type situations. – gracey209 Sep 4 '15 at 12:37
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In most jurisdictions, yes, you must give 30 days notice; this is a statutory requirement incumbent on both parties. This (your rental type) is a tenancy-at-will. If you pay rent monthly (on 1st) then this is the period of time required for notice to vacate. In some jurisdictions 30 days is required no matter what intervals you may rent (say weekly), other jurisdictions if you pay rent weekly then a week's notice is all that's necessary. This is In the absence of a rental agreement setting forth another agreed to term.

See this question: If no prior contracts have been signed, can a landlord make tenants sign after a week of tenancy?

It is not the same but there is some information on this type of tenancy.

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  • So if someone's rent is due on the first and they don't give notice on the first, they are stuck paying the entire next months rent? Or can they insist on getting it prorated? – clipclopshop Sep 2 '15 at 20:12
  • The notice must be a full month if you pay by the month. However, the law on when you must give notice varies and can differ from state-to-state and even municipality-to-municipality. So, in most places you must give notice the day before the next 30 day period begins (if you pay on the 1st, the day before), in other places you get until the 1st of the month prior. In even fewer places, you can give notice whenever you want, but you must stay, and pay the prorated portion for the full thirty day term. (So if you give notice on the 15th, you must pay a half months rent on the first). – gracey209 Sep 2 '15 at 21:10
  • The last example is very uncommon. You can usually call your local HUD office, a local housing court, or even many real estate agents who deal with rental to find out what is the law in your area if you do not wish to call a lawyer. Most lawyers will give you a free, limited, phone consultation, but may not give you this information depending on the practitioner, as they may feel it creates an attorney/client relationship in the event they are wrong and your town has it's own ordinance. You can never be wrong if you give it the day before the first. Make sure notice is in writing. – gracey209 Sep 2 '15 at 21:15
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    @clipclopshop you've stated this correctly. Put your finger on the calendar on the day you give notice. Now slide your finger to the end of the month which contains the day you gave notice. This second finger position is where you start counting from. There is no prorating rule. – jqning Sep 3 '15 at 2:17
  • In California, by the statutes, you're only required to pay rent by the end of the month, NOT on the 1st (unless you've agreed to pay on the 1st in the contract). – cnst Sep 4 '15 at 5:56

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