SS · Residential Tenancies Act
Part 3 — Remedies of Landlords and Tenants
27 Repudiation of tenancy
otherwise gives the landlord reasonable grounds to believe that the
tenant has repudiated the residential tenancy agreement, the
landlord may either
(a) accept the repudiation as a termination of the tenancy, or
(b) refuse to accept the repudi ation and continue the tenancy.
(2) In the case of a periodic tenancy, for the purposes of
subsections (3) and (7), the tenant's acts of repudiation constitute a
proper notice effective to terminate the tenancy on the earliest date
that the tenant could have terminated the tenancy under this Act.
(3) A landlord who accepts the repudiation as a termination of the
tenancy may recover
(a) damages resulting from a breach of the residential tenancy
agreement prior to the repudiation, and
(b) damages for the loss of the benefit of the residential tenancy
agreement
(i) in the case of fixed term tenancy, until it would have
expired had the landlord not accepted the repudiation, or
(ii) in the case of a periodic tenancy, until the termination
date.
(4) Notwithstanding subsection (3)(b), a landlord shall make
reasonable efforts to mitigate the damages for the loss of the
benefits of the residential tenancy agreement.
(5) A landlord who refuses to accept the repudiation and elects to
continue the tenancy shall make reasonable efforts to mitigate the
tenant's liability for rent under the residential tenancy agreement.
(6) A landlord who rents the premises to a new tenant in order to
mitigate a tenant's liability for rent under a residential tenancy
agreement
(a) is deemed to have accepted the repudiation of the landlord's
previous tenant as terminating that tenancy at the time the
new tenancy commences, and
(b) may recover damages in the same manner as if the landlord
had accepted the tenant's repudiation of the residential
tenancy agreement.
(7) Subject to subsection (5), a landlord who refuses to accept the
repudiation and elects to continue the tenancy may, so long as the
landlord has not rented the premises to a new tenant, recover rent
accruing under the residential tenancy agreement
(a) in the case of a fixed term tenancy, until it expires, or
(b) in the case of a periodic tenancy, until the termination date.