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Thread: Another Renter question....

  1. #1
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    Default Another Renter question....

    So I have had renters in a condo for the last two years, and this last year instead of renewing on a fixed term we agreed to a flexible term with them having to give 3 months notice to vacate. (To match the 3 months the Landlord would be required to give)
    Fast forward to today they give notice that they are moving out at the end of June...so in one month and 10 days. Is there any recourse for this? (Keep deposit etc)

    I know this isnt a typical Agreement, and I couldnt find a helpful answer in the Tenancy act.. so just looking for some insight.

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    Quote Originally Posted by R-Audi View Post
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    So I have had renters in a condo for the last two years, and this last year instead of renewing on a fixed term we agreed to a flexible term with them having to give 3 months notice to vacate. (To match the 3 months the Landlord would be required to give)
    Fast forward to today they give notice that they are moving out at the end of June...so in one month and 10 days. Is there any recourse for this? (Keep deposit etc)

    I know this isnt a typical Agreement, and I couldnt find a helpful answer in the Tenancy act.. so just looking for some insight.
    Did you sign something saying the 3 month term? If not it just reverts to a month to month AFAIK.

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    I'd nickle and dime them on the cleaning.
    Last edited by dirtsniffer; 05-21-2019 at 04:14 PM. Reason: removed wrong information
    Quote Originally Posted by Gestalt View Post
    Im the one with a learning disability....

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    We agreed over email that they would continue as an ongoing rental with 3 months notice, and earlier in the month the also referenced this agreement in stating that one of the tenants may be getting transferred.

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    I really do not see this going well in your favour. Just find someone ASAP and be done with it. Legally I do not believe them saying "yeah sure we'll give you 3-months notice" in an email will stand up to anything in the landlord vs. tenant world.
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    It also says this in the RTA:

    (4) If a periodic tenancy of residential premises is for a period of
    more than one week but less than one year, that tenancy is, for the
    purposes of terminating the tenancy, deemed to be a monthly
    tenancy.
    So it seems they are in the right, legally?


    On a sidenote: I am not sure why a landlord would expect someone to stick to a "3-month notice" to move out. 95% of renters aren't going to be planning that far ahead, so neither should you.

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    Yeah, I wasnt sure where the periodic tenancy piece would fit in, since this would have been their second renewal and the previous was for a year.

    Guess I could look into trying to make a go of it with AirBnb over the summer, but would have to look into getting furniture.

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    Yes a month-to-month lease only requires the tenants to give a month's notice. Conversely, a landlord has to give the tenants 3 months notice for the tenants to vacate (ie: not be evicted). The OP was simply trying to have the tenants be sympathetic to it being the same, but in reality they probably didn't know that at the time, thought it was fair, and later realized they only need to give a month's notice.

    So essentially the OP is asking: is that email agreement legally binding to overrule the standard Tenancy Act of a month's notice required by the tenants.
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    Quote Originally Posted by msommers View Post
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    So essentially the OP is asking: is that email agreement legally binding to overrule the standard Tenancy Act of a month's notice required by the tenants.
    And the answer to that is no... just called Alberta Tenancy. Cant overule Tenancy Act.

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    Quote Originally Posted by R-Audi View Post
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    And the answer to that is no... just called Alberta Tenancy. Cant overule Tenancy Act.
    yup. You already know that 3 month notice is never enforceable anyway. Even with a 1 year lease and they ditch in middle of contract, unless your are ready to spend money and time at small claims court, you won't get your money back anyway.

    The act protects tenants more than landlord. The landlords only get protection thru high demand.

    Hey, at least they give you 1 week more than minimum notice.
    Last edited by Xtrema; 05-21-2019 at 03:26 PM.

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    Yeah... unfortunately figuring that out now!

    Gonna have to do some homework.. Rent vs. Airbnb vs. sell.

    Even be up for someone assuming the mortgage with $0 down if I am able. We will see..

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    fixed term agreements only
    Quote Originally Posted by Gestalt View Post
    Im the one with a learning disability....

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    After some emails with the Tenant we agreed to 2 months notice..(an extra month) so Im ok with that result..gives me a little more time to plan for August.

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    Quote Originally Posted by lasimmon View Post
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    It also says this in the RTA:



    So it seems they are in the right, legally?


    On a sidenote: I am not sure why a landlord would expect someone to stick to a "3-month notice" to move out. 95% of renters aren't going to be planning that far ahead, so neither should you.
    This is interesting. I've had a fixed term tenancy that reverts to 90 days notice after a certain period. I'll need to rejig this. Guess the solution to this is to force a one year term with the option to break it with 90 days notice.

    Quote Originally Posted by dirtsniffer View Post
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    I'd nickle and dime them on the cleaning.
    I would as well. I had one tenant screw me around until the last week of a fixed term before they confirmed they were going to move. They moved down the hall to a smaller unit. I gave them a harder time due to the bs they pulled.

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    Quote Originally Posted by R-Audi View Post
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    Gonna have to do some homework.. Rent vs. Airbnb vs. sell.
    Airbnb will have higher wear and tear and you will have to furnish it. Income is potentially higher but less consistent. You will probably make bank for the 3 months in summers but less booking rest of the year.

    Sell is depends on when you got in. The fact that you are willing to go for $0 mortgage assumption, you are underwater. Anyone that bought between 2009 and 2017 are probably all underwater right now.

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    Quote Originally Posted by Xtrema View Post
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    Airbnb will have higher wear and tear and you will have to furnish it. Income is potentially higher but less consistent. You will probably make bank for the 3 months in summers but less booking rest of the year.

    Sell is depends on when you got in. The fact that you are willing to go for $0 mortgage assumption, you are underwater. Anyone that bought between 2009 and 2017 are probably all underwater right now.
    I bought the condo in 2004 I believe, but refinanced it a few years back and took the extra money out and now pretty damn close to break even at the current price. (After Realtor fees) The inconsistency of AirBnb would worry me, I think I'll just keep trying to rent it out and figure it out from there.

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    I would personally go for AirBnB from now until end of August and get a lease sorted for September. After speaking with several AirBnB owners, the summer they make a killing. Not only is it busier but the rates are higher. Even a guy's house I did a real estate shoot for out in the Sage Hill area has a lot of the summer booked already, and that was before I enhanced his ad photos by 1000% lol.
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    Quote Originally Posted by msommers View Post
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    I would personally go for AirBnB from now until end of August and get a lease sorted for September. After speaking with several AirBnB owners, the summer they make a killing. Not only is it busier but the rates are higher. Even a guy's house I did a real estate shoot for out in the Sage Hill area has a lot of the summer booked already, and that was before I enhanced his ad photos by 1000% lol.
    sure, but is the cost of getting furniture worth it for such a short term airbnb engagement? I'm dubious.

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    Hit up Kijiji. It's an AirBnB, not the Fairmont!

    Sell furniture at the end.
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    Quote Originally Posted by msommers View Post
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    Hit up Kijiji. It's an AirBnB, not the Fairmont!

    Sell furniture at the end.
    Or return them back to Walmart/Costco for full refund

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