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We did not pay rent for month of Oct. we had issues with landlord

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We did not pay rent for month of Oct. we had issues with landlord harassing us constantly about garbage separation issues(ie putting paper in compost bin. This is allowed in city of Richmond,BC). He did tell us he wanted us to leave sept 11, but no notice was sent. we thought it blew over.
The following info is from tenancy act of government of BC

What can the landlord do if the tenant does not pay rent?
A landlord may serve a Notice to End Tenancy under the relevant sections of the Residential Tenancy Act or the Manufactured Home Park Tenancy Act.
A landlord may serve a 10 Day Notice to End Tenancy if the tenant does not pay the rent. The notice may be served the day following the day the rent is due. After the notice is received, the tenant has five days to either pay the rent in full or dispute the notice.
If the rent is paid in full, the notice is cancelled and the tenancy continues. If the tenant disputes the notice, the tenant must serve the landlord with an Application for Dispute Resolution and a date for the hearing.
If neither is done, the tenant must move out on the tenth day after the notice was received.

Oct 2, 2013 we received a “10 day notice to end tenancy for unpaid rent or utilities Proof of service” RTB-34. Notice stated we had till Oct 13 to move out. A letter was sent to landlord stating we had 3 more days as page 2 of RTB 30 states “notice is deemed received by tenant” 3 days after the landlord posts to the door. We left suite on the 14 of October.

tenancy act gov of BC
How can the landlord serve the Notice to End Tenancy?
The notice may be handed directly to the tenant and is then deemed to be served. The landlord may attach the notice to the tenant's door if the tenant is away, or if the tenant is avoiding the landlord. If a landlord decides to attach it to the tenant's door, it is recommended the landlord ensure it is securely fastened. A notice attached to a door is presumed to have been legally served on the third day after it is attached.
A landlord may also give the notice to an adult who lives with the tenant. However, the landlord must ensure that the notice is not given to a visitor or a person apparently under the age of 19.
The notice may be sent to the tenant's home by mail or registered mail. The notice is presumed to have been legally served five days after it is mailed. If the landlord wants the tenancy to end by July 31st, the landlord must mail the notice by June 25th, leaving at least five days for the document to be deemed served.
Can a landlord end a tenancy for non-payment or repeated late payment of rent?
A landlord can serve a 10 Day Notice to End Tenancy if the tenant does not pay the rent. The notice can be served the day following the date rent is due. After the notice is received, the tenant has five days to either pay the rent in full or dispute the notice.
If the rent is paid in full, the notice is cancelled and the tenancy continues. If the tenant disputes the notice, the tenant must serve the landlord with an Application for Dispute Resolution and a date for the hearing.
If neither is done, the tenant must move out on the tenth day after the notice was received.
What happens if the tenant does not provide the proper notice, or doesn't move on the last day of the tenancy?
If the tenant provides less than the proper notice or doesn't move on the last day of the tenancy, the tenant may be liable to pay the landlord, for over holding, a pro-rated amount of rent and any additional costs the landlord may incur for that period. This might include moving and storage costs incurred by the next tenant if their move was delayed by the tenant who did not move on the last day of the tenancy.

We did not dispute the notice or pay rent. We moved out on the on the 14 of October after receiving notice to end tenancy.
Question is if the landlord ends the tenancy, then are we not off the hook for giving notice? The notice was for 10 days + 3 and we received on the 2 of Oct.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

No you are not off the hook.

You owe whatever rent you owed before the notice of eviction and you owe whatever rent would be owed until the end of what would have been your tenancy.

So if this was a fixed term tenancy you would owe the rent until the end of the tenancy. You cannot get out of a lease early for non-payment of rent.

Otherwise you would owe for the month where notice could have been given by you to end the tenancy legally.

But it's not like all your obligations end when you are evicted.

Do you see what I mean?
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87650
Experience: Lawyer
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