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Home > Ending the Tenancy > Just the Facts > Possession of Premises > Giving Up Possession

Giving Up Possession

If a tenant has paid rent to the end of the tenancy and still has keys, you cannot presume he has given up possession unless:

  • he has agreed that he has given up possession, or

  • there are reasonable grounds for you to believe that he has abandoned the property or he no longer wants to be bound by the terms of the tenancy agreement.

Time a tenancy will end on the last day of tenancy

You can agree with the tenant as to what time he has to leave the rented property on the last day of the tenancy. If you have no agreement, the Act states the tenancy ends at 12:00 noon.

This provision does not apply if the reason for the tenancy ending is because you have served a 24-hour notice to end the tenancy due to the tenant causing damage to the property, or assaulting or threatening to assault you or another tenant.

January 2006



Possession of Premises:Giving Up PossessionLandlord Regaining Possession