conditional orders and notice requirements

kir

Inspired Forum Member
Registered
Oct 4, 2007
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#1
Hi, I have a conditional order from the Alberta Residential Dispute board.
However, if tennat leaves on Nov 1 and calls me that they have already left, is the tenant still required to provide at least 30 days before moving out?


Obviously the damage deposit is the thing in question.

I appreciate they call on Nov 1 to tell me they left, but I also appreciate some notice as well, just like I would of been required to give them at least 3 months notice to end the periodic lease. However, the lease is on "conditional order" as per Judgement, which makes it fuzzy.

Because they are so dirty, the cleaning efforts will largely wipe out any deposit anyways, but this is a different matter.

Thanks for any feedback.
 
Likes: birdman

Martin1968

Frequent Forum Member
Registered
Jan 22, 2017
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#2
I think you are confusing a few things, for instance having a conditional order for a tenant to leave as opposed to tenant having to give notice in a normal situation of vacating the property.

If you had a conditional order for a tenant to leave the prop on Nov 1, and they did, I do not think there is any other way of notice required. But the question is of course what the conditional order entailed.

If it would have been the end of a fixed lease period (which It doesn’t seem like it was) tenant doesn’t have to give notice they can move out very last day of that fixed period at 12 noon.

If it wasn’t fixed, but month to month, and no conditional order in place then they would be required to give you 30 days, which has to be a full calendar month, however Alberta Tenancy Act does mention notice can be given including the first day of the month they want to vacate the prop. If notice given on the second day of a month the tenancy would automatically extend to the last day of the following month.

As far as your security deposit, if you have a signed move in inspection report you would have to follow that up with a move out inspection report with the vacating tenant being present preferably signing that they agree or sign if they don’t agree. (you should have those 2 distinctions on the last page of your report) The key thing here is that you did that move out walk through with tenant present unless you gave them 2 different times/dates to do walk though and they declined.

Based on the details you provided it’s hard to really comment on your question regarding the security deposit return. But hope this helps a bit.
 

kir

Inspired Forum Member
Registered
Oct 4, 2007
186
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#4
Sounds good, I will just assess damages accordingly with proper inspection reports and notes and maybe some refund of DD.

I actually wanted them to leave anyways, but not in November,...The conditional order was to extend to March of 2019.

Oh well, can't win them all.

Kir.