Notice to Vacate Where Another Person is Living with Tenant

When a landlord wants to evict a person living with the tenant, the landlord can issue a Notice to Vacate. A notice in these circumstances must give the person at least 14 days from the time the notice is served to leave the property.

The notice must be written, signed by a landlord or his agent, and set out the date and time by which the person must leave the premises.

If a person living with a tenant does not leave by the time set out in the Notice to Vacate, the landlord can apply to the court for an order that the person leave the premises.

An application to court must include an affidavit from the landlord. An affidavit is a statement made under oath. The affidavit must include:

• a copy of the Notice To Vacate and date, time, and manner of service, and
• the reasons for the person’s failure to vacate the premises, if known.

May 2005