All You Need to Know About Termination of Tenancy

All You Need to Know About Termination of Tenancy

Are you one of those confused rental tenants who doesn’t have any information about the termination of their tenancy in Edmonton? If yes, you have arrived at the right place. We have mentioned all the basic details and facts that you need to know as a tenant.

Types of Notice Periods

Rental tenants are entitled to different periods of notice mentioned below, depending on the type of tenancy.

  1. A yearly tenant is entitled to a period of 90 days’ notice before the last day of the tenancy year.
  2. A monthly tenant must receive three months’ notice.
  3. A weekly tenant is entitled to one week’s notice.
  4. A tenant must be given at least 24-48 hours’ notice for serious reasons.

The notice given by the landlord must:

  • be in writing,
  • provide reasons for which the tenancy is being terminated,
  • identify the premises or provide the address of the rental premises,
  • state the date on which the tenancy will be terminated, and
  • be signed by the landlord.

Landlord’s Reasons for Tenancy Termination

Your landlord may terminate your tenancy for concrete reasons such as the following:

  • the landlord or relative of the landlord intends to live in the premises.
  • the landlord is selling the premises.
  • the landlord is demolishing or making major renovations to the premises.
  • the landlord intends to use or rent the premises for a non-residential purpose.
  • the landlord intends to condominiumize the unit.

The landlord may even terminate your tenancy on 24-48 hours of notice if:

  • the tenant does or permits significant damage to the premises, or
  • the tenant physically assaults the landlord or other tenants.

This notice must contain the same elements mentioned above.

You can refer to the Residential Tenancies Act set by the Landlord and Tenant Advisory Board (LTAB) and its regulations for further details on these reasons. The LTAB provides advice and information to residential rental tenants and landlords to address tenancy issues and ensure that both tenants and landlords are aware of their rights and obligations.

Tenant’s Reasons for Tenancy Termination

If you have a fixed term tenancy set by specified dates, the tenancy or lease agreement automatically ends when the fixed term tenancy is over. If you wish to have an extended stay at the end of the fixed term tenancy, the relevant terms should be drafted into the tenancy or lease agreement at the time of the drafting.

The landlord cannot refuse to give consent to your tenancy termination unless there are reasonable grounds for doing so. Just like the landlord, you will also be required to mention your reasons for tenancy termination, identify the premises, state the last date of your tenancy, and your notice period. Refer to this notice of termination by tenant template by Documatica.

Return of Your Security Deposit

In most cases, your landlord should return your security deposit amount with interest within ten days of your moving out of the premises. If the landlord does not return your security deposit within ten days, they must provide a written statement giving reasons for not paying the same. The landlord may not return the deposit if you owe money for rent, cleaning, damages to the apartment or any other charges with respect to the premises. However, he/she must provide a statement of account showing how the deductions were spent along the statement of reasons. If the landlord fails or denies to comply with these requirements, he/she will be levied with the penalty of CAD 5,000 or more. Note that no deductions are allowed for normal wear and tear. Normal wear and tear is deterioration that occurs over time with the use of the premises even though the premises received reasonable care and maintenance.

Residential Tenancy Dispute Resolution Service

Landlords and rental tenants involved in a dispute for any reason can apply to this service to help resolve their dispute.

Who Can Apply for RTDRS?

  • a landlord or a representative authorized by the landlord
  • a tenant or a representative authorized by the tenant

What Can You Apply For?

Landlords can apply for:

  • unpaid rent and/or utilities
  • ending the tenancy and possession of the premises
  • financial damages from a tenant’s rental agreement breach
  • compensation for losses due to an over-holding tenant
  • order for a non-tenant occupant to vacate the premises (an individual is not listed as a tenant on the rental agreement)

Rental tenants may apply for:

  • return of the security deposit
  • ending the tenancy due to a landlord’s breach of the rental agreement
  • financial damages from a landlord’s rental agreement breach
  • reduction of rent for loss of benefit of a rental agreement
  • compensation for performing the landlord’s obligations as outlined in the rental agreements

Guidelines for RTDRS

  1. Applications must be made within two years from the date that a potential claim is discovered.
  2. Applications are limited to claims of up to $50,000.
  3. The Residential Tenancies Act must cover the rental premises and the claims in the application.
  4. The application should be filed in-person at the Edmonton office.
  5. The hearing will take place in-person at the Edmonton office.
  6. People should fill only these forms:
    1. Landlord’s Application for Termination of Tenancy and Unpaid Rent
    2. Landlord’s Application for Damages
    3. Tenant’s Application

If you have any other questions related to the termination of your tenancy, you can talk to our Rental Advisors. We will not only assist you with all the information you need about terminating your tenancy, but will also help in finding a new rental home, if required.

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