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Thread: Alberta Landlord / Tenant Questions / FAQ

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    Default 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

    #
    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.
    #
    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.

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    Please feel free to add information that is relevant and I will edit the first post.

    Please make sure it is REAL information with a source and not speculation.

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    thanks
    i'm having issues with my bitch of a landlord!

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    Thanks for the info. The helpline is extremely helpful.

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    .
    Last edited by J NRG; 10-21-2009 at 02:46 AM.
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    .
    Last edited by slick2404; 05-07-2010 at 06:52 PM.

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    Question: We're going to sign a lease tomorrow and the landlord seems pretty reasonable and the tenancy agreement seems to conform to the RTA. However, when I asked her for a mailing address, she was evasive about it and suggested that communicating by e-mail was fine for written notice.

    I'm the kind of person who prefers to send out registered mail when dealing with landlords for milestones like ending the tenancy and stuff so this makes me feel pretty uncomfortable not being able to cover my ass.

    1) Would e-mails hold up in court in place of registered mail if there was a dispute?
    2) How can I go about getting a mailing address out of her without making her think that I'm going to burn her house down if things so south or that I'm going to take her to court in 2 months? (Which I wouldn't except the court thing and that's only if things went really sideways and that was the last option available.)

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    it's actually a legal requirement for the landlord to provide both a mailing address and direct phone contact information

    emails are generally not accepted for proof in a case (claim), for notifications a landlord is required to provide in writing (ie. notice to inspect, repairs, etc)

    i would go about it with a story if you need, to deflect, and potentially not getting the place;
    maybe say something like your parent (mother or father maybe?), use to be a landlord, or better used to work for the landlord/tenant board, or X legal firm? ....anyways, and has been harping upon you to make absolutely certain the legally required contact info is on any papers you intend to sign, and they made a big deal about it ....your deflecting it to another person, even though is your interest

    to further motivate them, wave the immediate payment, or cash deposit under thier nose, but make sure you get the info though

    failing that, try looking them up in whitepages, you could likely narrow it down, if you have thier home phone#


    Originally posted by Amysicle
    Question: We're going to sign a lease tomorrow and the landlord seems pretty reasonable and the tenancy agreement seems to conform to the RTA. However, when I asked her for a mailing address, she was evasive about it and suggested that communicating by e-mail was fine for written notice.

    I'm the kind of person who prefers to send out registered mail when dealing with landlords for milestones like ending the tenancy and stuff so this makes me feel pretty uncomfortable not being able to cover my ass.

    1) Would e-mails hold up in court in place of registered mail if there was a dispute?
    2) How can I go about getting a mailing address out of her without making her think that I'm going to burn her house down if things so south or that I'm going to take her to court in 2 months? (Which I wouldn't except the court thing and that's only if things went really sideways and that was the last option available.)
    Last edited by garnet; 02-01-2012 at 08:56 PM.
    "Drive your business, let not your business drive you" ~ Benjamin Franklin

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    I have a problem.

    Utilities are included in my rent. Overages are billed to the house as per the lease.

    Now here is where it is tricky. I received an invoice today for a period of Sept 2010-April 2011 of utilities overages totaling ~700$. We received no prior notice of utility overages until today.

    So for a period of 8 months the landlord was totaling overages and not notifying the tenant. She then hits the tenant with a lump sum invoice for the amount. Mind you, this period she is invoicing for was 6 months ago.

    My question is, how was I able to mitigate these costs when the landlord did not notify the tenant? The landlord is threatening collections over this and I am refusing to pay it as I had no way of knowing this was happening or able to mitigate the costs.

    She did not once send an invoice for any monthly overage at any point and there were no per month notifications of overages at all.


    HELP?

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    Hypothetical:
    tenant's lease is up at the end of the month and has agreed to setup showings. However, he forgets to lock up his big dog before these showings and is never home (plus does not reply to calls/texts for 5-6 days), therefore making it extremely difficult/not possible to show the house.

    What can be done? deduct $ from damage deposit if it isn't rented? open door and release the dog into the wild? lol I dont know what to do here.

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    wait until tenant is gone and then show the place? Lose a moths rent while it's vacant.

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    I have a tenant that left and did not pay one month rent. She also left allot of damage, garbage, and stole my coffee table. I cannot find her or where she works to serve her with hearing papers. Am I fucked?

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    Originally posted by gt35r
    I have a tenant that left and did not pay one month rent. She also left allot of damage, garbage, and stole my coffee table. I cannot find her or where she works to serve her with hearing papers. Am I fucked?
    Yep I'd say so. She's a dead beat. People are broke and hurting so I'd just let this one go.

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    Originally posted by gt35r
    I have a tenant that left and did not pay one month rent. She also left allot of damage, garbage, and stole my coffee table. I cannot find her or where she works to serve her with hearing papers. Am I fucked?

    someone (like max-boost or others) might be able to answer this, but depending on how you are set up (rental under private or a business reg) you might be able to write off those losses??

    i dont know, but perhaps someone who knows for certain can answer better
    "Drive your business, let not your business drive you" ~ Benjamin Franklin

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    I have a question that i cant find the answer for.
    If I am evicted for property damage, am I liable for the remainder of the lease?

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    Default Re: Alberta Landlord / Tenant Questions / FAQ

    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.

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    hey guys,

    where can i get forms for lease contracts and whatnot?

    thanks!
    Originally posted by beyond_ban
    Are you looking for a happy ending?? If so, PM me...

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    Rentfaster.ca

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    hey guys!

    my duplex has been rented (woohoo!) and the tenants will be moving in at the end of this month.

    this may be a stupid question, but do i need insurance for the contents of the home? i pay a monthly condo fee which does include insurance for the exterior of the home. i pay state farm a monthly fee for contents of the home.

    do i need to keep this insurance, or is this something that my tenants need to get for themselves?

    thanks!
    Originally posted by beyond_ban
    Are you looking for a happy ending?? If so, PM me...

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    Yes you need insurance as there's always a chance a tenant won't carry their own

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