Q: My tenants just sent me an e-mail that they intend to vacate at the end of October. I knew that the only way i could claim lost rent for November is if I tried to re-rent the suite right away, so I placed an ad immediately after I received the message. Now I have chosen tenant for November 1st and signed a tenancy agreement, but my current tenants have changed their mind. Isn't it right that I have to give consent for them to withdraw their notice?
A: If the tenant had given you valid notice, then yes; you would need to give your notice. there are two reasons for this - the first being that all necessary information would not be included. Notices to end tenancy must include both the tenant's and the landlord's names, the address of the rental unit and the date notice was served, the date the notice is effective and the signature of the person giving the notice. Of course a signature cannot be contained in an e-mail. Secondly , e-mail is not a valid means of service. Proper service (for most documents) can be personal on the tenant, person on an adult occupant, affixed to the door or other conspicuous place, left in a mailbox, sent via fax to a number provided by the tenant or in the mail. In this case, your present tenancy is still intact and you will need to either negotiate with your current tenants to move out or your new tenants not to move in! Either way it's likely to cost you some money.
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Al Kemp
