s.47.2 — Notice to terminate interest in joint tenancy

47.2 (1) A joint tenant may terminate his or her interest in a monthly or yearly tenancy or in a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if, (a) the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse; or (b) a child residing with the tenant is deemed under subsection 47.3 (1) to have experienced violence or another form of abuse. (2) A joint tenant who meets the requirement in clause (1) (a) or (b) may give a notice under subsection (1), (a) either solely; or (b) jointly with some but not all of the other joint tenants. (3) A notice under subsection (1) shall be given at least 28 days before the date the termination is specified to be effective. (4) A notice under subsection (1) shall, (a) be in a form approved by the Board; (b) identify the rental unit for which the notice is given; (c) state the date on which the interest in the tenancy is to terminate; (d) be signed by the tenant or tenants giving the notice, or their agent; and (e) be accompanied by, (i) a copy of an order described in clause 47.3 (1) (a), (b) or (c) and issued not more than 90 days before the date the notice is given, or (ii) a statement referred to in clause 47.3 (1) (d), (e) or (f). (5) A notice given under subsection (1) becomes void with respect to a tenant who gave the notice, if the tenant does not vacate the rental unit on or before the termination date set out in the notice. (6) A tenant who gave notice under subsection (1) and vacates the rental unit on or before the termination date set out in the notice ceases to be a tenant and a party to the tenancy agreement on the termination date, but this subsection does not affect any right or liability of the tenant arising from any breach of obligations that relates to the period before the termination. (7) For greater certainty, a notice under subsection (1) is not a notice of termination of the tenancy for the purposes of this Act, including without limiting the generality of the foregoing, for the purposes of subsections 37 (2) and (3), subsection 46 (1) and clause 77 (1) (b). (8) Any rent deposit paid to the landlord or a former landlord in respect of the tenancy shall enure to the benefit of the tenant or tenants who did not give the notice under subsection (1) and any tenant in respect of whom the notice becomes void under  subsection (5). (9) Despite subsections 44 (3) and (4) and section 47, after a joint tenant has ceased to be a tenant and a party to the tenancy agreement in accordance with subsection (6), any tenant referred to in subsection (8) may terminate a yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with the following: 1. The notice shall be given at least 60 days before the date the termination is specified to be effective. 2. If there is more than one tenant, notice shall be given jointly by all of them. 3. The notice shall comply with subsection 43 (1). (10) Subsection 44 (5) applies with necessary modifications with respect to a notice given under subsection (9).