MHHS · Residential Tenancies Act
Part 3 — Remedies of Landlords and Tenants
28 Termination for substantial breach by landlord
may terminate the tenancy by serving the landlord with a notice at
least 14 days before the day that the tenancy is to terminate where
(a) the landlord commits a substantial breach of the residential
tenancy agreement, and
(b) an executive officer has issued an order under section 62 of
the Public Health Act in respect of the circumstances that
constitute the substantial breach, and the tenant believes on
reasonable grounds that the landlord has failed to comply
with the order.
(2) The notice must
(a) be in writing,
(b) be signed by the tenant,
(c) set out the reasons for the termination, and
(d) set out the termination date.
(3) A notice to terminate under this section is ineffective if
(a) within 7 days from the date the landlord receives the notice,
the landlord serves the tenant with a notice in writing
objecting to the termination on the grounds that the landlord
has complied with the order under the Public Health Act or
has been granted a stay of the order, and
(b) at the time of serving the notice of objection the landlord
has complied with the order or has been granted a stay of
the order.
2004 cR-17.1 s28;2005 c32 s2