Termination of Tenancy (Legal Stuff)

[TC2002]

I'm reading the Alberta Residential Tenancies Act and I'm a little confused. Can someone tell me how much time I'm supposed to give a tenant to move out (legally)?

On paper, we signed the lease from Nov. 3, 2007 to end on Aug. 3, 2008. On the lease, it also says "after a fixed term of 1 year, the term can be changed to a month-to-month lease" which it has been. She renewed her lease for 6 months from Aug. 3rd, taking it to Jan. 3, 2009. For some odd reason, we VERBALLY AGREED that she can stay to the end of April 2009 if she wanted to.

She has found a place and yet, she is still here... I guess out of the friendship that we had formed and what we agreed on verbally. However, things have changed dramatically since I got engaged and she has been a total... whatever... in the past month, including accusing my fiance of being incompetent and how I "stole" her toothpaste, because she found her toothpaste in my rinse cup in the morning. I thought she was insane (since, go figure, I have my own toothpaste and my rinse cup is no where near hers) and seriously losing her mind. So now, I find her to be a complete nuisance (which is against point #13, which states: BEHAVIOUR: The tenant will not cause and the Tenant will ensure that the family and guests of the Tenant do not cause a nuisance or disturbance to the Landlord and the Landlord's guest, if any, in the same building in which the premises are located.). These are just two of the many things she has been doing in the house. The other ones are ridiculous too, and for someone going to turn 30 soon, it boggles my mind.

I digress... so my question is, can I kick her out legally by the end of the month, since we are on a month-to-month contract? I was thinking of drafting an eviction notice that says that all prior verbal agreements will be considered null and void and that the formal agreement between Landlord and Tenant will be that the Tenant will move out on _________. Have her sign it. Would that work so that she will not sue me in the future?

[Weapon_R]

You need to give her three months notice.

[TC2002]

Can I ask that while I'm giving her 3 months notice to move out, if she could move out sooner than that, it would be the best for the both of us?

[Weapon_R]

Originally posted by TC2002
Can I ask that while I'm giving her 3 months notice to move out, if she could move out sooner than that, it would be the best for the both of us?

You can ask her whatever you like, but she is legally entitled to stay for 3 more months. The fact that your lease stated that the fixed tenancy would revert to month-to-month in the absence of a new fixed agreement, followed by the fact that she is still living there suggests that she is on a periodic tenancy which requires 3 months advanced notice to vacate.

[dannie]

Weapon_R is absolutely right. Here is the section he is referring to:

Notice to terminate monthly tenancy

8(1) A notice to terminate a monthly tenancy must be served

(a) by a tenant on the tenant’s landlord, on or before the first day of a tenancy month to be effective on the last day of that tenancy month, or

(b) by a landlord on the landlord’s tenant, on or before the first day of a notice period to be effective on the last day of the notice period.

(2) In this section and section 10(2)(b), “notice period” means a period of 3 consecutive tenancy months.

http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm?frm_isbn=9780779737635

[TC2002]

Ok. Thanks!

[Amysicle]

I think to also cover your ass, instead of doing it verbally, you should give your roommate/tenant or whatever written notice.

[ee2k]

Originally posted by TC2002
Ok. Thanks!

Could you ask her to move out in a month and pay her for the extra 2 months? Are you willing to live with that? She might take you up.