Alberta Landlord / Tenant Questions / FAQ

[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]

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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]

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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]

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(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]

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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]

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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]

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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]

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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]

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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]

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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]

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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.