When it comes to lease agreements in Alberta, many tenants wonder what happens when the fixed term ends. Do leases automatically go month-to-month, and if so, what are the changes? Let's delve into the complexities of lease terms in Alberta.
Alberta's Residential Tenancies Act (RTA) governs lease agreements. Understanding this legislation is key to knowing how leases operate once the fixed term expires.
Fixed Term Leases in Alberta
Most lease agreements in Alberta have a fixed term, usually six months or a year. During this period, both the tenant and the landlord have the rights and obligations outlined in the lease agreement and the RTA.
Once the fixed term ends, the tenancy does not automatically terminate. Instead, it continues on a month-to-month basis unless the landlord or tenant takes action to end it.
Month-to-Month Tenancy
When a fixed term lease in Alberta expires, it converts to a month-to-month tenancy. This means that either party can terminate the lease by giving a Notice to End tenancy with one full rental period's notice. For example, if rent is paid monthly, the landlord or tenant must give one month's notice.
However, during a month-to-month tenancy, either party can change the terms of the lease with a 60-day written notice. This could include changes to rent, services, or other terms of the tenancy.
Holdover Tenancy
If a landlord does not bring a valid application to end the tenancy after the fixed term, the tenancy automatically continues on a month-to-month basis. This is known as a holdover tenancy. The previous terms of the lease remain the same, except that rent cannot be increased more than once per year.
The landlord must provide a 60-day written notice to change the terms of the holdover tenancy. If they provide a 60-day notice, the tenant has the right to dispute the changes with the Residential Tenancy Dispute Resolution Service.
Landlord's Ruth: Ending the Tenancy
After the fixed term, a landlord has the right to end a tenancy, but they must follow the proper process. A landlord cannot simply lock a tenant out or throw away their belongings.
To end a tenancy, a landlord must provide a valid reason, such as not paying rent, damaging the property, or violating the lease agreement. They must then file a Notice to End tenancy with the RTA, and follow the procedures outlined in the act.
Notice Periods
In Alberta, the notice period depends on the reason for ending the tenancy. For non-payment of rent, the landlord must give a 14-day written notice. For other reasons, such as damaging the property, the landlord must give a one-month written notice.
If a tenant does not leave after receiving a Notice to End tenancy, the landlord can apply to the RTA for an order to evict the tenant. However, this process requires a hearing and a judge's order.
Understanding the ins and outs of lease terms in Alberta can be complex, but it's crucial for both tenants and landlords to ensure their rights are protected. If you're ever unsure about your rights or obligations, it's always a good idea to seek professional advice or contact the Residential Tenancy Dispute Resolution Service.