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Home > Disputes > Just the Facts > Landlord Remedies > Substantial Breach by Tenant

Landlord Remedies for Substantial Breach by Tenant

If a tenant breaks one of the obligations of the tenancy that is set out in the Residential Tenancies Act, it is called a substantial breach.

A substantial breach can also be a series of smaller breaches of a residential tenancy agreement or lease that, when considered together, are substantial. A series of breaches can include breaches of other obligations agreed to by you and the tenant.

For example, the Act does not require a tenant to carry out repairs. However, if you and your tenant included it in the tenancy agreement, and then the tenant did not repair items as he had agreed, this is a breach of the agreement. If a tenant breaches that term and commits other breaches of the agreement, together they may also be a substantial breach.

You can serve a notice for substantial breach in a fixed-term or periodic tenancy.

When a substantial breach has been committed, you have the following courses of action available (see sidebar links):

  • Serve a 14-day notice to leave the premises for non-payment of rent

  • In the case of physical assault or damage to the property, serve a 24-hour notice to leave the property

  • Apply to court to end the tenancy

February 2006
Landlord Remedies:Remedies During TenancySubstantial Breach by TenantDistress for Non-Payment of RentApply to Court for Possession of PropertyApply to Court for Damages or ArrearsVacate Notice to Non-TenantLandlord Regaining PossessionOne-time Fees


More on Substantial Breach by Tenant: 14-Day Notice for Non-Payment of Rent 24-Hour Notice to Vacate Apply to Court to End Tenancy Court Order for Possession of Property Tenant Objects to 14-Day Notice