What is a “special tenancy situation”?
It refers to unique scenarios like death of a tenant, subletting, assignment, co-tenancies, or family violence.
Special tenancy situations include events like the death of a tenant, subletting, assignment, or family violence. You may need to consult the Act and contact the Residential Tenancies Division for next steps and required forms.
How do I end my lease early due to family violence?
You may serve a special notice if you have a certificate from an authorized professional. See below for forms.
If you’re facing family violence, obtain a certificate from an authorized professional and keep copies. Then file the correct termination form with the landlord and ask for confirmation in writing of any agreed move-out date.
What form do I use to end my lease because of abuse or violence?
Use Form 14: Notice of Termination Due to Domestic Violence. Available here.
Form 14 is the official notice to end a tenancy due to domestic violence. Complete the form with your details, attach any required certificate, and submit as directed by the landlord or tribunal guidelines.
What is a co-tenancy and how does it affect my rights?
A co-tenancy is when two or more tenants sign the lease; all share equal rights and responsibilities.
If you want to assign, have a prospective assignee fill Form 9, provide their contact details, and obtain written consent from the landlord before the transfer. Keep copies of the signed consent for your records.
Can I assign my lease to someone else?
Yes, with landlord written consent. Use Form 9: Request to Assign. Download here.
What is the process for subletting my rental?
Ask your landlord for written permission using Form 10: Request for Sublet (form).
What happens if one co-tenant wants to leave early?
Remaining tenants are still responsible unless the landlord agrees in writing to release them.
What if my co-tenant stops paying rent?
All tenants are jointly responsible for the full rent amount until the lease ends.
How do I end a tenancy if the tenant has died?
The lease ends 30 days after the tenant’s death; the estate or next of kin should notify the landlord.
Does a pet policy apply differently in special situations?
No, pet policies apply the same unless both parties agree otherwise in writing.
Can I break my lease for health reasons?
You may discuss it with your landlord or apply to the Tribunal for early termination with documentation.
How do I request special repairs or accommodations for disability?
Submit a written request and discuss with your landlord. Human rights laws may apply.
Can the landlord refuse my request to sublet or assign?
The landlord cannot unreasonably refuse; reasons must be provided in writing.
Is there a fee for applying to the Residential Tenancies Tribunal?
No, filing tenant applications is free.
What form do I use to apply for a hearing at the Tribunal?
Submit a Tenant Application (Form 12). Download: Form 12.
Can a landlord increase rent during a special tenancy situation?
Only according to the rules for rent increases—proper written notice and legal limits apply.
How much notice do I need to give to end my month-to-month lease?
One month’s written notice is required for month-to-month leases.
Can I change locks in an emergency?
Only with landlord’s consent unless it’s for safety due to violence. Notify your landlord in writing.
What if my landlord sells the property?
The tenancy continues under the new owner unless legal notice of termination is given.
How do I remove an unauthorized occupant?
Request in writing for the landlord to address it, or apply to the Tribunal if unresolved.
Am I still responsible for utilities in a sublet?
Yes, unless your landlord and subtenant agree otherwise in writing.
Can a lease be ended due to non-payment by a co-tenant?
Only if the total rent isn’t paid; the landlord may serve an eviction notice to all tenants.
What if my landlord refuses my request to assign or sublet?
You may apply to the Tribunal for a decision.
Do special rules apply for students in campus housing?
Campus housing agreements may not be covered by the Act; confirm with the landlord or school.
What if my spouse/partner leaves and I want to keep the rental?
Request a new lease with the landlord or continue if your name is on the lease.
Must I provide proof to end a lease for violence?
Yes, a signed certificate from a qualified third party is required with Form 14.
Can I withdraw a notice of termination after serving it?
Only with landlord and tenant agreement in writing.
Are there rules if my landlord enters due to an emergency in these situations?
Landlords may enter in an emergency without notice but must notify you afterward.
Do I need landlord permission to move in a roommate?
Usually yes; check your lease for conditions on adding occupants.
What happens to my damage deposit if my tenancy ends due to family violence?
Your security deposit is returned if you meet move-out requirements like usual.
How do I appeal a Tribunal decision in a special situation?
File an appeal within 10 days in writing to the Residential Tenancies Tribunal.
Can a landlord evict for cause in these special situations?
Yes, if you breach lease or law. You are still protected by the regular notice and hearing process.
If my co-tenant moves out, can my landlord increase my rent?
No, your rent cannot be increased solely due to a co-tenant leaving.
Can a landlord refuse to renew my lease for no reason?
Leases automatically continue unless ended with legal notice. Refusal must follow the Act.
Do I still have tenant rights after a fire, flood, or disaster?
Yes, you retain your rights. If the unit is uninhabitable, discuss early termination with your landlord.
Who pays for repairs if my lease ends suddenly?
You pay for tenant-caused damage; landlord pays for normal wear and tear or emergencies.
Can my landlord restrict access in a joint tenancy dispute?
No, all tenants retain access until the lease ends or a Tribunal order is made.
What if I cannot reach my landlord in an urgent special situation?
Try all contact methods; document attempts. If urgent, contact the Tribunal for direction.
Can a lease be assigned or sublet during a fixed-term lease?
Yes, if the landlord consents or you follow the assignment/sublet request process.
How do I formally notify my landlord of early termination for special reasons?
Serve written notice on the landlord using the correct form (e.g., Form 14 for family violence).
What happens to unpaid rent after a tenant dies?
The tenant’s estate is responsible for any unpaid rent.
Are there special rights for seniors in tenancy situations?
Seniors have the same rights as other tenants but may ask for accommodations if needed.
Can the landlord demand a new security deposit in a special situation?
No, not during the same tenancy agreement.
Can I stay if the named tenant on the lease dies?
Only if you are also on the lease; otherwise, discuss options with the landlord.
How quickly must I vacate if my lease ends for family violence?
You must vacate on or before the effective date stated on your written notice; usually 30 days.
Does my landlord have to notify me of Tribunal applications?
Yes, you must be properly served with any eviction or application documents.
How do I protect myself if I feel unsafe in my rental home?
Contact police for urgent safety issues and seek support agencies. Use Form 14 for early lease termination.
Where can I get more help about my rights in a special tenancy situation?
Contact the Residential Tenancies Division for official info and resources.
