Notice Requirements (LTB - General)
46 (1) A notice of termination becomes void 30 days after the termination date specified in the notice unless,
- (a) the tenant vacates the rental unit before that time; or
- (b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time.
18. It has been held that the notice requirements under the Act are to be strictly interpreted, whether the notice is given by the landlord or the tenant: George V. Apartments Ltd. v. Cobb, (2002) O.J. No. 5918 (Div. Ct.). The requirement that notice be given in writing applies despite any agreement between the parties to the contrary or any waiver, by virtue of s. 3(1): see Nistap Development Corp. v. McIntyre, (2009) O.J. No. 2960 (Div. Ct.). Those appellate authorities are binding on this court.
19. I therefore find that although Ms. Bailey gave notice on January 24, 2012 of termination effective March 31, 2012, in law that notice was invalid because it was not given in writing. Ms. Bailey therefore breached the month-to-month tenancy by moving out on March 31, 2012 without having given valid notice under the Act. The question then becomes what damages result from that breach.
5. The Landlords’ N4 notice was premature by one day. It did not comply with the Residential Tenancies Act, 2006 (the ‘Act’). In particular, the Tenant had until the end of the day on February 1, 2007 to pay rent for February. At the time the Landlords served the N4, on February 1, 2007, there were not yet any arrears owing. In fact, arrears for February 2007 were not owed by the Tenant until February 2, 2007 – in other words, until February 1, 2007 passed without the payment of rent.
16. The Tenant ultimately vacated the unit on his own notice (on February 28, 2007), and not as a result of the Landlords’ N4 notice, flawed or not.
17. The tenancy is deemed terminated on March 31, 2007.