Alberta Landlord / Tenant Questions / FAQ
This thread is a reference for people who are having issues with tenants or landlords. It will be stickied to the top.
Alberta Laws:
http://www.servicealberta.ca/Landlords_Tenants.cfm
Alberta's FAQ:
http://www.servicealberta.ca/618.cfm
Ending Tenancy (both sides):
http://www.servicealberta.ca/consume...ending_tenancy
Alberta Damage Deposit interest Calculator:
http://www.servicealberta.ca/978.cfm
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Section 8 - Termination of Monthly Periodic Tenancy
A landlord must give the tenant three months' written notice. Notice is to be given on or before the first day of the three-month notice period.
An example: Joe has a month-to-month tenancy. It begins on the first day of the month and ends on the last day of the month. If Joe's landlord wants Joe to move out by September 30, the landlord would have to give Joe notice on or before July 1.
A tenant must give the landlord one tenancy month's written notice. Notice is to be given on or before the first day of the one-month notice period.
An example: Joe has a month-to-month tenancy. It begins on the first day of the month and ends on the last day of the month. Joe decides to move out by September 30. He must give the landlord notice on or before September 1.
With a signed lease, the Tenancy ends on the last day of the lease at Noon. If you are a tenant, get the fuck out. If you are a landlord, hope they move out. Biggest thing for landlords is not to accept any money from a resident who does not leave until they have left. Doing so is implied agreement of periodic tenancy. Then you need 90 days noticed to kick them out.
You are allowed to charge a per day rent for each day they stay past the end of the lease.
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Section 15 - Termination of fixed term tenancies
A fixed term tenancy ends on the day specified in the residential tenancy agreement, unless both parties agree to an early termination. For example, if the fixed term is from January 1 to December 31, the tenancy automatically ends on December 31. Unless the tenant and landlord make other arrangements, the tenant has to move out by noon on December 31.
The RTA does not require any notice to be given by a landlord or tenant to end a fixed term tenancy. It is courteous if the tenant or the landlord provide a notice prior to the end of the agreement that the tenancy will end.
A landlord is not obligated to accept a tenant's notice to terminate a fixed term tenancy before the end of the fixed term, but may agree to an early termination, or an assignment or sublease.
If a tenant ends a fixed term tenancy before the termination date, the landlord is entitled to be paid rent until the residential tenancy agreement ends. The landlord must take reasonable steps to re-rent the unit. If the landlord rents the premises to a new tenant, the old tenant is no longer responsible to pay the rent from the date of the new tenancy.
At the end of the fixed term the landlord and tenant may both want to continue the tenancy. At this time they can negotiate a new residential tenancy agreement that could include a change in the rent amount and the conditions of the tenancy. This agreement can be a new fixed term or be changed to a periodic tenancy.
If the parties do not notify each other of their intention to continue the tenancy or to end the tenancy, difficulties may arise. For example, the landlord may be expecting the tenant to leave at the end of the fixed term and may have plans for the premises.
The RTA says that if, at the end of the fixed term tenancy, the tenant doesn't move out and the landlord accepts the tenant staying on and continuing to pay rent, then, unless there are agreements or facts in the arrangement that indicate something else, the tenancy switches to a periodic tenancy.
If the fixed term tenancy was for a month or more, then the periodic tenancy becomes a monthly periodic tenancy.
If the fixed term tenancy was for a fixed term of less than one month, then the periodic tenancy becomes a weekly periodic tenancy.
Some fixed term tenancy agreements include a provision for renewal of the tenancy for an additional fixed term at the end. Such provisions usually include a requirement for the tenant and landlord to provide a period of written notice to each other about whether they wish to renew for a further fixed term.
If none of this answers your questions, call this number:
1-877-427-4088
This is the Alberta line for L/T (Consumer info line).
Explain the situation to the agent and they will tell you exactly what is possible.
Re: Alberta Landlord / Tenant Questions / FAQ
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Originally posted by benyl
If none of this answers your questions, call this number:
1-877-427-4088
This is the Alberta line for L/T (Consumer info line).
Explain the situation to the agent and they will tell you exactly what is possible.