Renter did not give notice...

[askkingdean]

Hello, My tenant signed the tenant agreement (from rein) which states they have to give us 60days written notice. Tenant did not honour the agreement. If fact we ended up having to call them as lease was up June 1. They did not return our call until a few days later which was 2 weeks before June 1.

We were going to hold back the complete security deposit, but agreed (and tenant verbally agreed) that if we could get it rented June 15 we would give them back half the deposit.

Today they called and said the want it all back.

My question: Do they have a leg to stand on? Tenant signed lease document (from rein) stating the must give us 60 days notice. If we do give back full amount, we are out half a months rent.

A contract/agreement between two party's outweighs tenant act correct?

Thank you for your feedback.

 

[AminMurji]

The Tenant Act overrides the lease agreement. What province is that?

 

[kfort]

What jurisdiction?

And no, Contract law does not trump legislation.

 

[askkingdean]

Edmonton, then what is the point of a lease agreement if it has no teeth?

 

[Thomas Beyer]

You need to know the written (and unwritten) rules governing your business. Generally speaking in AB, tenant can leave with one month notice on a month to month lease. So if they gave you 2 weeks notice for June 1 then they ought to rent to month end June (assuming month-to-month lease).

Or was this a one year lease ? Then doing nothing by you or them would make it a month-to-month lease after June 1.

Are they still in it ? Or out now ? If out, and if one year lease was signed last year, I'd say they owe you nothing and you have to give them their FULL security deposit back (minus any damages, if any).

 

[Sherilynn]

Alberta law states neither the landlord nor the tenant must give notice to end a fixed term tenancy. Notice is a courtesy only. So if your lease ended June 1st, they were perfectly within their rights to move. While your lease stipulates notice is required, the Act states it is not required.

To be a valid lease in Alberta, it should say at the top of your lease: "...if there is a conflict between this agreement and the Act, the Act prevails."

 

[askkingdean]

Thank you for all replies. I spoke with tenant board and I have to give back full deposit. Disappointed that I received a rein lease agreement that holds no water. Anyway, lesson learn, I purchased approved lease agreement form from tenant board. Thanks again for everyone's feedback.

 

[Rickson9]

Tenant board lease > REIN lease always

 

[trevismcconaghy]

Even though I have been renting residential property for 16 years, I still regularly read the Act governing my province. It is important to stay on top of changes and be certain you are playing by the correct rules. When tenants play games, I simply state them the appropriate part of the Act and say, I am sorry, I don't make the rules. The rules are made to 'protect' the tenant and landlord. I also like the thread saying you phoned the Board to make sure you are following the rules.