Lease Resigning...When Do I get the letter?

[eblend]

Hello,

Rented a place last Feb and signed a lease for 1 year. When should I be getting a letter informing me of resigning the lease and all that (probably a rate hike too )

[sputnik]

Originally posted by eblend
Hello,

Rented a place last Feb and signed a lease for 1 year. When should I be getting a letter informing me of resigning the lease and all that (probably a rate hike too )

Don't push the matter. Just let them charge you month to month until they remember.

[benyl]

Actually, without a lease, you have no right to be there.

It is at the discretion of the landlord to offer you an extension or a new lease.

Without it, you are technically trespassing.

If you stay past the end date of the lease for any reason, the landlord has the right to charge you for that time.

Given that you have a 1 year lease, the landlord does not have to give you any notice for you to vacate the property on the last day of the lease.

So if you don't get a letter 2 weeks to 1 month before the end, I would start looking for a new place to live.

[Xtrema]

Originally posted by benyl
So if you don't get a letter 2 weeks to 1 month before the end, I would start looking for a new place to live.

That's correct.

I usually let my tenant know before cashing in the last payment. It works both ways, I need time to relist the place as well if a new lease is not signed.

[Redlyne_mr2]

They would be foolish to hike your rent, prices have dropped and there is an abundance of places out there. Just call them up and re-renew.

[jonnycat]

Every time I rented I'd sign a 6 month to 1 year lease, and live month to month. One place for 3 years and the next for 5. I thought the lease was a basically a minimum commitment time.

[benyl]

If your landlord accepts the first payment after the lease is done, then you are a month to month contract and have to abide by all the rules it entails.

That means that they have to give you 3 months notice before you can be evicted.

[eblend]

Cool thanks guys. I am with emerald managementn if that makes a difference. Yah I know the market is way down so fingers crossed that my price does not change, as we think we got an awesome deal in a brand new condo.

[BlackArcher101]

Woah...

An end of a written term in a lease isn't actually a notice of eviction. If they wanted you to move out at the end of the 1st year lease or wanted you to sign another and didn't want to, they still are required to give the proper notice of 3 months.

I had this exact issue where I had a 1 year lease which I assumed to switch to a month-month automatically. Near the end of the lease, the landlord contacted me for a move out inspection and I was like "wtf?". They said the same thing you did Benyl, but after contact the landlord dispute line in Edmonton I was told I had everyright to be there unless I got the 3 month notice. Essentially, it turned into month-month and I moved out before the 3 months anyways because it wasn't be best situation.

edit: Upon a brief search on the web, I see conflicting info and the dispute center might have actually been wrong. So what I wrote might be bunk anyways, gonna have to look at it further.

[Zero102]

Normally this exact situation is written into the lease. Read what you signed and it should be there.

Most management companies will write up leases to automatically convert to monthly rentals upon completion since it is simpler for them in the long run, although if your contract says the occupancy terminates on the last day, better start packing

When in doubt, call them. Its a management company, thats what they are there for.

[benyl]

Originally posted by BlackArcher101

edit: Upon a brief search on the web, I see conflicting info and the dispute center might have actually been wrong. So what I wrote might be bunk anyways, gonna have to look at it further.

What I wrote is correct. I verified this with Service Alberta and a Lawyer.

http://www.servicealberta.gov.ab.ca/...ds_Tenants.cfm

When you call them, they are the authority on what is correct. They said to me that I did not need to give my tenant any notice. Giving notice is nice thing to do.

Month to Month is totally different.

[rojhero]

I agree with Benyl. My fixed term lease recently expired and I didn't check off the "Once the fixed term tenancy is over the tenant may continue on with a month to month tenancy" box in the lease.

In hindsight, I should have checked it off. Instead, I wrote up another lease and started a periodic tenancy to ensure we could continue to live in the condo. The landlord mentioned that a monthly periodic tenancy would start if she accepted the first payment after the fixed term tenancy, but I wanted to keep my bases covered and couldn't find any information to support that statement.

Where did you find that Benyl?

Also, you really shouldn't be worrying about a rent increase. In fact, I'm probably going to request a decrease fairly soon, and I didn't overpay to being with.

Edit: Nm, I found it. I'm pretty sure accepting payment would fall under implied consent. Implied consent seems to be a very vague term. I'd much rather just write up a new lease with a periodic tenancy to remove any ambiguity.

"The RTA states that an implied periodic tenancy is a combination of a fixed term tenancy and a periodic tenancy. It is the part of the tenancy that continues as a periodic tenancy after the fixed term period ends.

If the tenant stays in the premises after the end of the fixed term period with the implied consent of the landlord, the tenancy continues as a periodic tenancy. If the fixed term was for one month or more, the periodic tenancy becomes a monthly tenancy. If the fixed term was for less than one month, the periodic tenancy becomes a weekly tenancy.

The rules of periodic tenancies then apply to this tenancy. The tenant will have to give proper notice to terminate the residential tenancy agreement."

[benyl]

Originally posted by rojhero


Where did you find that Benyl?

Read the last sentence of the Fixed Tenancy section.

http://www.servicealberta.ca/consume...ent#FixTermTen

[rojhero]

Thanks Benyl, I don't know how I missed that before. They've also attempted to clarify it in the Implied Periodic Tenancy section.