CPA · Residential Tenancies Act
Part 3 — Remedies of Landlords and Tenants
33 Notice to vacate
has abandoned the premises, the landlord may require a person
living in the premises who is not a tenant to vacate the premises by
serving the person with a notice to vacate.
(2) The notice to vacate under subsection (1) must give the person
living in the premises at least 48 hours to vacate the premises from
the time that the notice is served.
(3) A notice to vacate must
(a) be in writing,
(b) be signed by the landlord or the landlord's agent, and
(c) set out the time and date by which the person must vacate
the premises.
(4) If the person on whom a notice to vacate is served fails to
vacate the premises by the time and date specified in the notice, the
landlord may apply to a court for an order terminating the tenancy
of the tenant who abandoned the premises and for recovery of
possession of the premises.
(5) An application under subsection (4) must be supported by an
affidavit setting out the following:
(a) the date that the premises were abandoned by the tenant, to
the extent known;
(b) a copy of the notice to vacat e and the time, date and manner
in which it was served;
(c) the reasons for the person's failure to vacate the premises, to
the extent known.
(6) A court may grant an order under subsection (4) if satisfied that
the tenant has abandoned the premises and that the person living in
the premises is not a tenant.
(7) Nothing in this section prevents a landlord from applying to a
court for additional remedies under section 26.