Objection to 14-Day Notice by Tenant

If your landlord serves you with a 14 day notice, you can serve a Notice of Objection on the landlord before the 14 days is up. It is possible to get blank forms of Notices of Objection from a Landlord and Tenant Advisory Board, but a written notice stating that you object will be satisfactory. You must state your reasons for objecting on the form.

You must serve your Notice of Objection on your landlord in one of the ways stated in the Residential Tenancies Act. Once a notice of objection is served on a landlord, the 14-day notice period is no longer effective.

If the landlord then wants to proceed with ending the tenancy, he must apply to the Provincial Court or the Court of Queen's Bench for an order to terminate the tenancy.

If the landlord decides to take the case to court, you will receive a notice of the application. You must receive the notice of the court application at least 3 days before the hearing. The three days does not include holidays or Saturdays. Your landlord must file an affidavit with the court setting out details of the substantial breach and the requested date of termination.

A landlord can also apply for a court order for possession of the premises if you do not give a notice of objection, but you stay in the rented premises after the 14 days notice period is over.

May 2005