A Notice to Vacate is a notice written by the landlord or property manager giving a notice to leave the premises within a specified time frame. This type of notice is typically given during the end of a lease period, or due to an infringement of the lease agreement.

noticetovacate vacating eviction movingout vacate
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In such cases, this means you have 30 days to vacate the premises. On the other hand, if you wish to vacate, this notice empowers the landlord or property manager to begin advertising the property.

Challenging the notice

As a tenant, you have a right to challenge a Notice to Vacate. You may argue against the notice if it is not given properly, or if you disagree with the reason given.

You can also challenge the notice given for no specified reason or to end a fixed-term tenancy, if you believe it was given because you were exercising your legal rights and saying you would do so.

You can contact your state Consumer Affairs or local tenancy advocacy service for more information about your options.

Getting evicted

If you have given the appropriate notice to vacate your rental property, and have not left by the end of the due date, the landlord or property manager can seek an Order for Possession from the state Tribunal. This order may instruct you to vacate the property.

Remember: A landlord or property manager cannot personally use force to remove you from the property. Only the police may carry out an eviction, and only when they are acting on a Warrant for Possession.

1 COMMENT

  1. Hi
    I have received a Notice to Vacate. I have be actively looking for another rental within my budget but have not found a property as yet.
    What happens if I haven’t found somewhere else to move to by the Vacate Date??
    I don’t want to challenge the landlords decision to move into their property, but if they apply for Warrant for Possession, what is the time frame on that?
    Thanks

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