Alberta Landlord / Tenant Questions / FAQ

[pheoxs]

that's called a periodic tenancy lease where the option is to go month to month or renew. A fixed term directly stated a tenants lease is done on this day and that's it.

A fixed term tenancy with strict terms like that doesnt benefit a landlord hence why they should never use that type of lease.

It is a bit odd the landlord board considers all leases the same when it comes to moving. Even weirder a lawyers website from Calgary provides conflicting info with what I was told today.

Huh, TIL

[sabad66]

Just checking rentfaster and looks like they have 3 forms:

Fixed term: https://www.rentfaster.ca/assets/ftta-2.pdf

Fixed term with option to convert to periodic: https://www.rentfaster.ca/assets/ft-pt-2.pdf

Periodic: https://www.rentfaster.ca/assets/pta-2.pdf

If you sign something like a “1 year lease” it would have been one of the two fixed term agreements, but either way the point is the tenant is protected until November. If it was the “with option to renew”, then landlord would need to tell them 1 month before that they don’t want to renew and that’s it

[Rocket1k78]

A fixed term tenancy with strict terms like that doesnt benefit a landlord hence why they should never use that type of lease.
Gotta disagree. For me i wouldn't consider anyone who wanted month to month and all my tenants wouldnt either, they all wanted a 1 year to start but i always go with 6 month first and if all goes as plan ill renew for a year at a time. For me i would want the stability of knowing i have my place rented for that term(yes i know its not 100% but better than nothing) and im sure any solid tenant would want the same stability too. I would group a month to month tenant in the same risk group as a bunch of young room mates lol

[sabad66]

A fixed term tenancy with strict terms like that doesnt benefit a landlord hence why they should never use that type of lease.


Not really. Even if it’s “with the option to convert” it doesn’t help you keep a renter in after the term is done because if they wanted to leave they would just provide notice and leave on the last day anyways. They aren’t really different imo, it’s just that without the “option to convert”, you need to have a conversation a few months before the lease ends to see what both parties want to do and sign a new agreement, whereas “with option to convert” means it automatically turns into month to month if you don’t have the conversation.

[90_Shelby]

There are different types of leases out there one being a fixed term option that when it ends the lease is done and the tenant is out. Other leases automatically roll over to month to month. I got burned one time 10 years ago for not paying attention to this and had a tenant bolt with no notice as it was a fixed term and ended on the one date.

It seems the landlord board doesnt differentiate between the two leases. They consider anything with a start date and an end date to be a fixed term tenancy.

Also interesting to know opt out clauses are unenforceable.



A fixed term directly stated a tenants lease is done on this day and that's it.

A fixed term tenancy with strict terms like that doesnt benefit a landlord hence why they should never use that type of lease.



At the end of a fixed term tenancy, the fixed term is over and you are correct, the lease agreement ends. What most landlords would do is ask the tenant, 2-3 months in advance, are you planning to renew the tenancy for another year or are you moving out? If moving out, the landlord relists to find a new tenant who will move in the following day to ensure the property isn't vacant. Alternatively, if the tenant wants to stay for an additional year, have them re-sign at that time, to extend the lease agreement for an additional fixed term.

I'm uncertain how any of the above doesn't benefit the landlord? If you got burnt 10 years ago, you simply neglected to follow up with your tenant and failed to re-sign them or re-list the property.

A Lease agreement only rolls over to, month to month, after a fixed term, if both parties agree to it.

More info:
https://www.landlordandtenant.org/leases-and-agreements/end-of-a-fixed-term-lease/

[msommers]

Having a fixed term is a piece of mind for landlords, this shouldn't even be a discussion. Just because you forgot to check in and the tenant did exactly as they legally have full right to do, doesn't mean fixed terms are bad (though an ethical discussion could come up about about not being nice and giving you a month's notice). In fact quite the opposite is that fixed terms are the most logical, especially when overall it contributes to predicability of expected income.

I would never, ever take a tenant who wanted to start a brand new lease with me agreeing to month-to-month. I think we can all agree that would be the dumbest thing a landlord could do.

I'd estimate that 95%+ of all landlords will require a fixed term of a minimum 6 months, and there roll over to month-to-month vs. another fixed term depending on their preferences/comfort level.

[Twin_Cam_Turbo]

Any tips for weeding potential tenants out? Put my place up for rent as my tenant of 5 years is leaving (absolutely the best tenant I could have had). Have the first two showings tonight.

[Ca_Silvia13]

Any tips for weeding potential tenants out? Put my place up for rent as my tenant of 5 years is leaving (absolutely the best tenant I could have had). Have the first two showings tonight.

Do reference checks, call past landlords. Helped me dodge a few bullets

[firebane]

Any tips for weeding potential tenants out? Put my place up for rent as my tenant of 5 years is leaving (absolutely the best tenant I could have had). Have the first two showings tonight.

Previous landlord references can go a long way.

Personal references never are that great because people will fudge how a person is to get them into a place.

[Mitsu3000gt]

Any tips for weeding potential tenants out? Put my place up for rent as my tenant of 5 years is leaving (absolutely the best tenant I could have had). Have the first two showings tonight.

In our experience it's a gamble no matter how much due diligence you do. All of our nightmare tenants had good references, proof of employment/income, a family to support, decent credit, didn't seem overzealous, confirmed their identity, etc.

On one property, we now have 3 court judgement in our favor for a total of around $15K in unpaid rent across 3 different tenants, of which we will never see a penny. On the other property, we have had fewer issues but also less turnover. There's only so much you can do and then it's just luck of the draw IMO. If you can find someone through your friends/coworkers/colleagues that is probably your best bet if you can find someone you trust to vouch for them.

Talk to them for as long as possible to try and get a read on their personality, confirm their identity, get proof of employment/ask to see a pay stub, call their references/previous landlords, run a credit check, look at their online profiles (if any), find out if they have pets or smoke, etc.

[Twin_Cam_Turbo]

Sounds like I really lucked out the first time. I was on the fence between renting again and just selling, neither seems great right now.

[Mitsu3000gt]

Sounds like I really lucked out the first time. I was on the fence between renting again and just selling, neither seems great right now.

It's just so hit and miss. My brother just FINALLY got rid of his nightmare tenant (a quiet ex-lawyer, at first seemed like the ideal tenant before going insane) and his new tenant is a friend of a friend and so far zero issues, but obviously not everyone is going to know someone looking to rent.

And then there's some people who have a steady stream of amazing tenants, or great long term tenants (like your previous one) but there is no way to know what you got until it's already too late. If you want to rent it, just do as much due diligence as possible and be on high alert for red flags, I don't know what more you can possibly do when evaluating strangers, there's always some uncertainty there. I'm probably biased because we've been screwed so many times, but it's not like there is a shortage of horror stories out there haha.

[Disoblige]

Anyone ever rent out to these places that lease your home for 24-36 months so they can Airbnb it out?
Companies like SureHomeStays or something? Seems a bit sketchy imo as they only been operating for a year, but it seems like good long term benefits if you are OK with them managing it all and you are getting steady monthly income?

They would pay you rent like any other renter. Anyone go this route with success as landlords?

[firebane]

So we have been put into a situation I was hoping wouldn't happen.

Our current lease is up in June and sometime in the next year we will be buying a home. We tried to make arrangements with our current landlord to either go month to month or something so if we found a house we did leave easily.

We found out today that they aren't willing to work or budge and this it would appear we will need to break said lease.

Now we know all about the "your are responsible" stuff and fees and such that comes with breaking a lease.

I'm curious if anyone else has been put in this situation and what course of action did you take?

[sabad66]

So we have been put into a situation I was hoping wouldn't happen.

Our current lease is up in June and sometime in the next year we will be buying a home. We tried to make arrangements with our current landlord to either go month to month or something so if we found a house we did leave easily.

We found out today that they aren't willing to work or budge and this it would appear we will need to break said lease.

Now we know all about the "your are responsible" stuff and fees and such that comes with breaking a lease.

I'm curious if anyone else has been put in this situation and what course of action did you take?

Your lease is due this June? If you’re wanting to buy this year then start looking now and negotiate for possession when your lease is up. You could also put all your big stuff in a storage unit and rent a small furnished apartment month to month until you find something

[firebane]

Your lease is due this June? If you’re wanting to buy this year then start looking now and negotiate for possession when your lease is up. You could also put all your big stuff in a storage unit and rent a small furnished apartment month to month until you find something

Unfortunately our down payment is locked for 90 days. Which puts our time frame to basically a month to find, buy, close and move.

[pheoxs]

Offer the landlord an extra hundred a month for month to month and see if they'll take that?

[gwill]

Unfortunately our down payment is locked for 90 days. Which puts our time frame to basically a month to find, buy, close and move.

wheres your realtor in this? What is it about your payment that's locked in for 90 days? If it's a rate hold most are held for 120 days.

If I was your landlord I'd be working towards a resolution. If your moving at a certain timeline I'd make sure their aware of what's going on so you can limit how hard they hit you for breaking the lease early. You can try and help show the place to new renters. If they re rent it early enough you wont be on the hook for as much.

[firebane]

wheres your realtor in this? What is it about your payment that's locked in for 90 days? If it's a rate hold most are held for 120 days.

If I was your landlord I'd be working towards a resolution. If your moving at a certain timeline I'd make sure their aware of what's going on so you can limit how hard they hit you for breaking the lease early. You can try and help show the place to new renters. If they re rent it early enough you wont be on the hook for as much.

RRSP loan gets locked in for 90 days.

With how good its been with our landlord we thought they would be willing to work something out that worked for both of us. We even talked about a short short term lease but the landlord doesn't want that either as they don't want the place empty in the late fall/winter.

And now that we have discussed this with our landlord we are worried they will flat out deny lease renewal.

[pheoxs]

RRSP loan gets locked in for 90 days.

With how good its been with our landlord we thought they would be willing to work something out that worked for both of us. We even talked about a short short term lease but the landlord doesn't want that either as they don't want the place empty in the late fall/winter.

And now that we have discussed this with our landlord we are worried they will flat out deny lease renewal.

Talk to a realtor and/or mortgage broker. When I bought my house I only put a few thousand down with the actual offer; the rest of the downpayment wasn't due until the closing date basically. (I think? though that was 5 years ago and maybe I'm mistaking things)

Assuming you have a fixed date for when the funds are available I don't see why you couldn't get your possession date to be 30 days after that.

[firebane]

Talk to a realtor and/or mortgage broker. When I bought my house I only put a few thousand down with the actual offer; the rest of the downpayment wasn't due until the closing date basically. (I think? though that was 5 years ago and maybe I'm mistaking things)

Assuming you have a fixed date for when the funds are available I don't see why you couldn't get your possession date to be 30 days after that.

Well my next course of action is talking to someone about the mortgage process. But being new to the home buying world we have no idea how long offers, inspections and paperwork takes to generally complete.

[ExtraSlow]

Talk to a mortgage broker. Beyond has one, and he's good.

[firebane]

Talk to a mortgage broker. Beyond has one, and he's good.

Already am :)

[cloud7]

The time has come to replace one of the major appliances in our rental. How is that dealt with from an income tax perspective? I am guessing that it is treated as an equipment that will depreciate through a number of years and I can only claim a little bit each year?

[jwslam]

The time has come to replace one of the major appliances in our rental. How is that dealt with from an income tax perspective? I am guessing that it is treated as an equipment that will depreciate through a number of years and I can only claim a little bit each year?
Also how does that work if you sell the property before the depreciation cycle is completed?

[Rocket1k78]

Any tips for weeding potential tenants out? Put my place up for rent as my tenant of 5 years is leaving (absolutely the best tenant I could have had). Have the first two showings tonight.
Pray lol Theres no real formula for this because my longest and best tenant(almost 10 years) was on paper probably the worst, single mom with bad credit but she was fully upfront with it. My main rule is no multiple room mate situations and i also try to avoid the new BF/GF thing.



I'm probably biased because we've been screwed so many times
Probably?:rofl: You and your circle of friends and family all have the worst luck in the world

[tonytiger55]

Question, when one is renting out a house. What info should a landlord request from a prospective tenant? What do you guys ask for?
Job references? Are credit checks or bank statements ever asked?

[jwslam]

Ask for whatever makes you feel comfortable. If they say no, you can back down (hoping that things turn out with this being a good tenant) or you can just turn them away.

[Rocket1k78]

Question, when one is renting out a house. What info should a landlord request from a prospective tenant? What do you guys ask for?
Job references? Are credit checks or bank statements ever asked?

I always do the rental and job reference, try to ask as much info from the perspective tenant about the previous rental and when you call the landlord throw some things in there to try and test him to see if he was legit renting to them or if hes just a friend.
How is the rental market now? are you getting a lot of action?

[tonytiger55]

I always do the rental and job reference, try to ask as much info from the perspective tenant about the previous rental and when you call the landlord throw some things in there to try and test him to see if he was legit renting to them or if hes just a friend.
How is the rental market now? are you getting a lot of action?

Thanks for the replies.
My gf's mother has a rental. Previous tenants were not great, unpaid for months etc.
We are in the process of cleaning the place up, doing repairs, replacing flooring etc. We have not even listed anything.
Neighbours brother would like to rent. Neighbours are renters too and take care of their place. I still would like to follow full due diligence. But its not my property and I have no idea what best practice is on this side of the pond.

[Twin_Cam_Turbo]

Has anyone had to deal with a tenant overholding? I gave 2.5 months notice I would not be renewing the lease (12 months fixed) and now just over a week I’m still hearing the tenant “can’t” find another place even though he’s viewing and applying for lots and he wants an extension which I am very much against. I want to get him out, paint the place and sell it ASAP as planned for the last 5-6 months.

[ExtraSlow]

No advice but good luck!

[Ca_Silvia13]

Has anyone had to deal with a tenant overholding? I gave 2.5 months notice I would not be renewing the lease (12 months fixed) and now just over a week I’m still hearing the tenant “can’t” find another place even though he’s viewing and applying for lots and he wants an extension which I am very much against. I want to get him out, paint the place and sell it ASAP as planned for the last 5-6 months.

I had to deal with this during COVID. Document everything, get the paperwork from the Landlord board and serve it immediately. You can request payment for dates that are overheld. My tenant was overholding for a month and a half and I got the entire amount due in a court order to be paid to me. But I cannot stress enough document everything, no texts, emails only for correspondence.

It was a long process (probably due to this happening at peak COVID) but it all worked out and I got the guy out.

[dirtsniffer]

I'd offer a month extension, but there is an opportunity cost to not being able to list that he has to cover. double the rent?

[Twin_Cam_Turbo]

I'd offer a month extension, but there is an opportunity cost to not being able to list that he has to cover. double the rent?

I really don’t want to, I need to paint the interior and get it listed. Bank will not approve me for buying a house until this one is sold.

[Twin_Cam_Turbo]

Tenant ended up finding a place and is moving today. I gave him two extra days to move/clean to help in case he needs it as all I’m going to do is paint the place and list it.

[Disoblige]

I really don’t want to, I need to paint the interior and get it listed. Bank will not approve me for buying a house until this one is sold.
Bank won't give you approval even if you still rented the place and got cash flow? Wanted to confirm.

[Twin_Cam_Turbo]

Bank won't give you approval even if you still rented the place and got cash flow? Wanted to confirm.

Not in my case, I am not earning huge money and am self employed. Even with 20-50% downpayment it was a no go but I never planned to buy before disposing of this property either so I didn’t push hard.

[spike98]

Bank won't give you approval even if you still rented the place and got cash flow? Wanted to confirm.

Often banks only consider 50% of the rent as income which hurts a lot of people if you run a tight TDS.

[jwslam]

I'd offer a month extension, but there is an opportunity cost to not being able to list that he has to cover. double the rent?
You're not gonna win if they decide to trash the place due to you doubling rent.
Plus the covid thing so they could ride giving you zero rent... good luck taking your time through the eviction process.

[R-Audi]

Fvck I hate dealing with tenants.

Tenant was late on rent... finally get a hold of him and he lost his job and is already 90% moved out with zero notice.. deposit is used to cover rent, but now I dont have anything in case there is damage...

As luck would have it:
-Condo had wall mounted speakers all mounted to a central RCA wall gang. Tenant said speakers didnt work, so he unscrewed four of them from the wall and threw them all out. Including a free standing center speaker and sub! He thought this was ok?!?! Oh, and most of the wires were pushed back in the wall!! Sounds a little fishy to me.
-Met with him last wednesday for a walk through. Still a ton of shit laying around which he promised to have out and cleaned saturday and dirty. Fast forward to today, still havent heard from him and not returning calls or emails. Heading there this afternoon, but guessing nothing is done and it will now be my job.
-All of the above, plus he still has a set of keys, a fob and the garage remote. At least have the decency to return that!!

Merry XMas.

[killramos]

What a great asset class

[suntan]

The only reason I own real estate is because I require shelter.

[TomcoPDR]

What a great asset class

Exactly. Someone is paying your mortgage off :rofl: and making you rich
R-Audi sorry to hear. :(

[killramos]

Exactly. Someone is paying your mortgage off :rofl: and making you rich
R-Audi sorry to hear. :(

You’re richer than you think

[Pauly Boy]

Man it's stories like this that keep me up at night about our rental. We screen pretty throughly, but you never know.

The only reason we're doing it at all is because we used a CMHC downpayment assistance program 10+ years ago and we owe it back if we sell before year 19. That and we'd have been underwater selling when we bought our house since we bought at the then boom.

Otherwise I don't get why you'd want the headache... And if you're rich enough to throw money at a property manager or eat vacancies, why wouldn't you put that cash into an ETF instead of a slum...?

[killramos]

What. Don’t you want to be RICH?

[gwill]

make sure to track the guy down at whatever new job he gets to serve his papers(lawsuit). Make sure his bosses know your there looking to serve his employee. Might make his bosses rethink his employment.

[suntan]

Man you landlords have a lot of free time.

[ExtraSlow]

Track down his dad.

[88CRX]

The only reason I own real estate is because I require shelter.

This x 100.

[Disoblige]

Track down his dad.
Exactly.
And all his uncles and possibly grandpas. No stone unturned. Or rectums I should say.

[R-Audi]

Small update:
I got the keys back.... so thats good. But condo it still a mess and there is a bunch of stupid little things that need repair or replacement. Who takes sink drain plugs?!?!? Or removes the rubber cabinet bumpers?

Worth noting, this is the first issue Ive had renting in over 12 years. Im usually pretty good with screening tenants. This was an engaged couple here on a work and school visa and seemed quite nice, but famous last words. Im not really in this by choice, I bought the condo 15+ years ago and it turned out to be a shitty buy.. current value is less than when I bought it (few years prior to the boom) and Ive already refinanced and took money out, so I need a year or two more so then I can liquidate it without being under water with the mortgage. Generally speaking it rents very quickly, as its a great location just off 17th and 4th.

[max_boost]

Sucks man but stay strong. You’re a good dude. :thumbsup:

[Rocket1k78]

Exactly. Someone is paying your mortgage off :rofl: and making you rich
R-Audi sorry to hear. :(

:werd: Theres risks involved and a lot of land lords cant hack it but for lots its as you say TomcoPDR. Been doing this about 15 years now and had a run in like you R-Audi early on, even took the bastard to RTDS and they still ruled in his favor, i was only out 1500 so not too bad compared to most.

[88CRX]

Small update:
I got the keys back.... so thats good. But condo it still a mess and there is a bunch of stupid little things that need repair or replacement. Who takes sink drain plugs?!?!? Or removes the rubber cabinet bumpers?

Worth noting, this is the first issue Ive had renting in over 12 years. Im usually pretty good with screening tenants. This was an engaged couple here on a work and school visa and seemed quite nice, but famous last words. Im not really in this by choice, I bought the condo 15+ years ago and it turned out to be a shitty buy.. current value is less than when I bought it (few years prior to the boom) and Ive already refinanced and took money out, so I need a year or two more so then I can liquidate it without being under water with the mortgage. Generally speaking it rents very quickly, as its a great location just off 17th and 4th.

I was in a similar situation but after dealing with a shitty tenant and condo board spat I sold, took my equity, and ran. Start the fucking car! Best decision I ever made.

[TomcoPDR]

:werd: Theres risks involved and a lot of land lords cant hack it but for lots its as you say TomcoPDR. Been doing this about 15 years now and had a run in like you R-Audi early on, even took the bastard to RTDS and they still ruled in his favor, i was only out 1500 so not too bad compared to most.

It's such a crapshoot industry



and Ive already refinanced and took money out, .

Such a classy gentleman you are as always R-Audi, enjoying the perks of HELOC, without needing to scream HELOC in our faces

[cidley69]

I have tenant that is month to month, and I just got a notice from my insurance company that they have a new internal policy, all properties they insure must have a term lease in place. My insurance renewal date is Oct 1. I asked the tenants to sign a lease, they said no thanks. I shopped for new insurance company, next cheapest one is 2X my current premiums, or $125/month increase over current rates.

I can't pass this cost along in rent increase, as I already increased rent this year (by only $100/month, place is way under ,market value, but I didn't realize only 1 increase per 365 days is allowed). I'd liketo evict these tenants, but looking into the Residnetial Tenancy Regulations, its only possible to evict for a few specific reasons. That is crazy, that I am locked into renting at a loss with no recourse.

Any suggestions?

[killramos]

Sell

[ExtraSlow]

are you able to make the furnace malfunction or the roof to leak?

[suntan]

Good jorb.

[cidley69]

Is there anywhere that defines what a "major renovation" is? what the minorest renovation that is considered major?

(c) if the landlord intends
(i) to demolish the building in which the residential
premises of the tenant are located, or
(ii) to make major renovations to the residential premises
of the tenant that require the premises to be
unoccupied;

[ThePenIsMightier]

WtF is the benefit of "month-to-month" if you can't boot the people out in 1 month!!?
That's not what that should mean.

[DonJuan]

Advise tenant of an increase in rent of $250 starting 365 days from last increase, ($125 to make up for the last year and $125 for the now current year).

If they move, advertise at correct rate. If they accept, you can reduce it after you have covered the $1500 you're out from this current year insurance. In the end it's all profit.

To get them to move out, you can also say you or your family need to move into the premises. I don't know how much legal documentation you would need to prove you need to move in there.

[ExtraSlow]

Is there anywhere that defines what a "major renovation" is? what the minorest renovation that is considered major?

(c) if the landlord intends
(i) to demolish the building in which the residential
premises of the tenant are located, or
(ii) to make major renovations to the residential premises
of the tenant that require the premises to be
unoccupied;

A renovation that requires you to remove the electrical service or the furnace, or the water supply . . . .

[cidley69]

Advise tenant of an increase in rent of $250 starting 365 days from last increase, ($125 to make up for the last year and $125 for the now current year).

If they move, advertise at correct rate. If they accept, you can reduce it after you have covered the $1500 you're out from this current year insurance. In the end it's all profit.

To get them to move out, you can also say you or your family need to move into the premises. I don't know how much legal documentation you would need to prove you need to move in there.

(2) For the purposes of section 6(1) of the Act, a landlord may
terminate a periodic tenancy for any of the following prescribed
reasons:
(a) if the landlord or a relative of the landlord intends to
occupy the residential premises of the tenant;

The document only says "intends to occupy" that seems a bit vague. Has anyone used this clause as rationale for eviction? These people seem to know the tenant regulations very well; I get the feeling they have worked the system in their favor before....

[DonJuan]

(2) For the purposes of section 6(1) of the Act, a landlord may
terminate a periodic tenancy for any of the following prescribed
reasons:
(a) if the landlord or a relative of the landlord intends to
occupy the residential premises of the tenant;

The document only says "intends to occupy" that seems a bit vague. Has anyone used this clause as rationale for evistion? These people seem to know the tenant regulations very well; I get the feeling they have worked the system in their favor before....

That's the one.

I read it as you can give them notice that you intend to occupy the premises. Say you're separating from your wife or some BS and give them a few months to find a new place. Move out day comes and you magically reconcile with your wife. Ad goes up.

[ExtraSlow]

Your brother is separating. More vague, less easy to check.

[90_Shelby]

I have tenant that is month to month, and I just got a notice from my insurance company that they have a new internal policy, all properties they insure must have a term lease in place. My insurance renewal date is Oct 1. I asked the tenants to sign a lease, they said no thanks. I shopped for new insurance company, next cheapest one is 2X my current premiums, or $125/month increase over current rates.

I can't pass this cost along in rent increase, as I already increased rent this year (by only $100/month, place is way under ,market value, but I didn't realize only 1 increase per 365 days is allowed). I'd liketo evict these tenants, but looking into the Residnetial Tenancy Regulations, its only possible to evict for a few specific reasons. That is crazy, that I am locked into renting at a loss with no recourse.

Any suggestions?

A) Give them the required 3 month notice that you’re ending their month to month tenancy.

B) always use a fixed term going forward.

[ExtraSlow]

C) find thier fathers address.
D) profit. (by fucking thier dad)

[cidley69]

A) Give them the required 3 month notice that you’re ending their month to month tenancy.

B) always use a fixed term going forward.

Sounds good, using what approved reason to evict them?

[killramos]

E) Realize the profit is a lie. And sell

[90_Shelby]

Sounds good, using what approved reason to evict them?

It’s not an eviction. You have a Periodic Tenancy if you are month to month, as you stated previously, and are unable to have them leave at the end of the month. Hopefully you have a contract that defines this? You can end a periodic month to month tenancy with 3 months notice. That is the law.

How else would you end a tenancy with no fixed term? If you are the landlord, a good thorough read of the tenancy act and an understanding of what you’re getting into would be highly recommended. This is why I also recommended a fixed term tenancy which can also be month to month if that’s what you prefer, but then the tenancy ends at the end of the month and requires a re-sign to continue another month.

Read this web page: https://www.alberta.ca/ending-rental-agreement.aspx

Under “periodic tenancy”:

Monthly tenancy
The tenant must give one month of notice. The landlord must give 3 months of notice.

[ExtraSlow]

If you trust the future of rental accommodation, sell and buy a REIT. If not, sell and gtfo.

[gwill]

what type of insurance is going to cost you hundreds of dollars more a month compared to what your currently paying? What am I missing there.

I'd be curious to know the exact terminology from the insurance company is regarding your lease. Seems easier solution is to figure ouf a new insurance company that doesn't suck.

[cidley69]

It’s not an eviction. You have a Periodic Tenancy if you are month to month, as you stated previously, and are unable to have them leave at the end of the month. Hopefully you have a contract that defines this? You can end a periodic month to month tenancy with 3 months notice. That is the law.

How else would you end a tenancy with no fixed term? If you are the landlord, a good thorough read of the tenancy act and an understanding of what you’re getting into would be highly recommended. This is why I also recommended a fixed term tenancy which can also be month to month if that’s what you prefer, but then the tenancy ends at the end of the month and requires a re-sign to continue another month.

Read this web page: https://www.alberta.ca/ending-rental-agreement.aspx

Under “periodic tenancy”:

Monthly tenancy
The tenant must give one month of notice. The landlord must give 3 months of notice.

It's stupid that a specific reason is required to end a periodic tenancy, but that seems to be the case.

This is from the page linked above:

Ending a periodic term
A landlord may end a periodic tenancy if:

the landlord or a relative of the landlord wants to move in
‘relative’ includes any relative by blood, marriage, adoption or adult interdependent relationship
the landlord agrees to sell the rental premises, all conditions of the sales agreement have been satisfied or waived and the buyer or a relative of the buyer wants to move in
the buyer must ask the landlord in writing to give the tenant a notice to end the tenancy
the landlord intends to demolish the rental premises

[gwill]

your super confused. You cna kick a month to month tenant out with 90 days notice. This forces them to move in the dead of winter.

[cidley69]

your super confused. You cna kick a month to month tenant out with 90 days notice. This forces them to move in the dead of winter.
If you can kick tenant out with 90 day notice, why are that list of reasons included on the guide and in the regulation?

[msommers]

A) Give them the required 3 month notice that you’re ending their month to month tenancy.

B) always use a fixed term going forward.

Came here to say the same thing

[90_Shelby]

It's stupid that a specific reason is required to end a periodic tenancy, but that seems to be the case.

This is from the page linked above:

Ending a periodic term
A landlord may end a periodic tenancy if:

the landlord or a relative of the landlord wants to move in
‘relative’ includes any relative by blood, marriage, adoption or adult interdependent relationship
the landlord agrees to sell the rental premises, all conditions of the sales agreement have been satisfied or waived and the buyer or a relative of the buyer wants to move in
the buyer must ask the landlord in writing to give the tenant a notice to end the tenancy
the landlord intends to demolish the rental premises

Dude, keep reading on that page and you’ll find the part that states 3 months notice is required to end the tenancy.

No reason is required when you give 3 months notice to the tenant. That is the type of contract you signed your tenant up for and you should clearly understand this when you become a landlord and prepare a contract.

As mentioned, if you want the ability to end a tenancy for no reason, on short notice, sign up your tenant for that type of tenancy. A fixed term short notice contract.

You’re the landlord, it’s your property and you prepare the terms of the agreement to the contract. It’s not stupid if you understand what you sign yourself up for.

[cidley69]

Came here to say the same thing

Point b is well taken and will be standard policy going forward.

Point a is not as clear. I'm going to call the phone number on that Ab Gov guidance webpage and ask about it.

[jacky4566]

Pretty sure cidley69 is right here. you not evicting. just ending the tenancy.

[gwill]

don't forget to give your tenant notice tomorrow so your tenant doesn't dispute your 90 days notice or when you gave it to them.

I'd still rebook at your insurance company screwing you around. I can't see how you can't find a similar cost insurance. More importantly how the hell is your insurance so high that it's increase is that significant that you need to consider selling or kicking out a tenant?

[CompletelyNumb]

Shelby is correct. Post notice today in wiring, don't use the word "eviction" anywhere, just state you're ending the tenancy.

[cidley69]

Tenants are in Europe, they went away for 2+ weeks without telling me they were leaving, don't think they have anyone looking at the house while away, which would be an issue with insurance company if anything were to happen.

I plan to post this notice on their door, and email them a copy, and send them a pic of it posted on their door.

109146

[schurchill39]

Tenants are in Europe, they went away for 2+ weeks without telling me they were leaving, don't think they have anyone looking at the house while away, which would be an issue with insurance company if anything were to happen.

I plan to post this notice on their door, and email them a copy, and send them a pic of it posted on their door.

109146

If you've asked them to sign a yearly lease and told them its because your insurance requires it then I think your reason of "the landlord or relative of the landlord intends to occupy the residential premise" won't fly. Especially if you think these guys have worked the system before.

From what I am reading and what 90_Shelby said I'm pretty sure that with a month to month tenant your reason can simply be that you're choosing not continue to rent on a month to month basis. If you say anything else you're probably just setting yourself up for a dicking. Like everyone else has said, what's the purpose of a month to month if you can't walk away with appropriate notice?

[msommers]

The 90 days can be any fucking reason you want, just don't say you're evicting them because then you need cause. Though no one checking on the property for 2 weeks (if actually true) is a massive liability.

[arcticcat522]

The 90 days can be any fucking reason you want, just don't say you're evicting them because then you need cause. Though no one checking on the property for 2 weeks (if actually true) is a massive liability.

Don't put a relative is planning to occupy if they aren't.....you don't need a reason if you give proper notice. Also, send an email and text and poe on the door and drop one in their mail box, and slide one under the door..... make every attempt for them to see the notice prior to the 1st

[spike98]

am i crazy or can you not increase the rent an unlimited amount or as many times as you want with a periodic month to month tenancy. you just have to give the appropriate notice.

[CompletelyNumb]

Yeah that's a mistake. Just end the tenancy. Don't evict, don't make up a story. You have all the power in Alberta as a landlord with a month to month tenancy.

[88CRX]

I have tenant that is month to month, and I just got a notice from my insurance company that they have a new internal policy, all properties they insure must have a term lease in place. My insurance renewal date is Oct 1. I asked the tenants to sign a lease, they said no thanks. I shopped for new insurance company, next cheapest one is 2X my current premiums, or $125/month increase over current rates.

I can't pass this cost along in rent increase, as I already increased rent this year (by only $100/month, place is way under ,market value, but I didn't realize only 1 increase per 365 days is allowed). I'd liketo evict these tenants, but looking into the Residnetial Tenancy Regulations, its only possible to evict for a few specific reasons. That is crazy, that I am locked into renting at a loss with no recourse.

Any suggestions?

Just keep signing 1 month term fixed leases.

Edit: or just sell the place.

[gwill]

Just keep signing 1 month term fixed leases.

why would a tenant ever do that?

[LilDrunkenSmurf]

I enjoy that many people have told him to just give 90 days notice, and no reason needs to be given, because it's month to month and no lease has been signed, yet he still insists on putting a reason that's going to nail his foot to the floor.

[DonJuan]

I enjoy that many people have told him to just give 90 days notice, and no reason needs to be given, because it's month to month and no lease has been signed, yet he still insists on putting a reason that's going to nail his foot to the floor.

I think "intends" to occupy is the vague word here. By the time the tenant has moved out his intentions can change. I don't think he's stuck if he puts that on there as the reason. He could put another reason. Might get less push back than putting no reason at all.

My last tenants were on month to month for almost 4 years. They had been there for 3 years previously and we developed a good relationship. I didn't bother them with walk throughs or raising the rent etc and they paid on time and took very good care of the place.

[dirtsniffer]

Sold our rental property in 2022, started renting it in 2019 but it was our primary residence from 2012 to 2019. Can I use the city tax assessment value to show the increase of value between 2019 and 2022 to base my capital gains on?

[spike98]

Sold our rental property in 2022, started renting it in 2019 but it was our primary residence from 2012 to 2019. Can I use the city tax assessment value to show the increase of value between 2019 and 2022 to base my capital gains on?

You can but i wouldn't. They will likely audit you and will be looking for actual price paid vs money received.

[dirtsniffer]

actual price paid in 2012 was very similiar to what we sold for in 2022. There was a bit of a dip there in 18-19 though, I'd be fine with using the original price instead of some made up one in 2019.

[CompletelyNumb]

cidley69 you get them out without issue?

[cidley69]

cidley69 you get them out without issue?

Yes sir, we were fearing for the worst, having dealt with a tenant that refused to leave before, but they went without issue.

[sabad66]

Sold our rental property in 2022, started renting it in 2019 but it was our primary residence from 2012 to 2019. Can I use the city tax assessment value to show the increase of value between 2019 and 2022 to base my capital gains on?

If I remember correctly from my similar situation, You should have filed the “change in use” form or something when you converted it to a rental. So you need to use whatever value was declared at that point which should be market value not assessed value.