Fillable Notice To Vacate (Page 2 of 3) in pdf

Evictions requiring Notice of One Calendar Month

1. Complete Form 8, 8a or 8b – NOTICE TO VACATE, (whichever form applies

to your situation) and keep a copy.

2. Serve the tenant, which means get a copy to the tenant by either:

a. Handing it directly to the tenant (personal service)

- OR -

b. Both taping a copy to the front door of the rental property and

mailing a copy to the tenant through the post office (you can not just

put it in their mailbox)

- OR –

c. sending the document electronically*

Tenants must get notice before the end of a calendar month to be effective at the end of

the following month.

Personal service is always better, as the person who delivered the notice directly knows

and can say that the tenant got the notice. Notices served by posting on the door and

mailing or electronically delivery are effective when the tenant actually gets the notice.

Mail is deemed to be delivered three days after it is posted, if delivery is not disputed.

If the tenant doesn’t dispute the reason for eviction within 15 days, the tenant is deemed

to have accepted the notice to vacate and must move out. You may apply for a

possession order based on an undisputed notice to vacate. You can apply before the end

of the tenancy if you are concerned that the tenant won’t move out, or wait until after the

termination date to see if the tenant leaves.

If the tenant disputes the notice to vacate, the tenant must complete the dispute notice at

the bottom of the form and return it to you within 15 days. If the tenant does so, the

notice to vacate is of no force or effect unless you apply for a possession order and

establish the validity of the reason for the notice to vacate at a hearing.

With your application, provide:

1. a copy of the notice to vacate to show exactly what was given to the tenant, and

2. a certificate of service, signed by the person who served the tenant, and

completed to say how the tenant was served with the notice to vacate.

The Office will schedule a hearing and provide you with a notice of hearing showing the

time and place of the hearing. Write the same reasons for eviction on the hearing notice.

Deliver a completed copy of the hearing notice to the tenant to let them know what you

want, and when and where they should appear for the hearing. Serve the notice of

hearing in the same manner as described above for the notice to vacate.

If the tenant does not move out as required, only court officials can actually put the tenant

out. You need an order for possession that court officials will enforce.

*"electronically" means:

 the document is substantially in the same form as the required document,

 it is accessible by the other party, and

Notice To Vacate Page 2