Lease completion in AB....grounds to kick the tenant out?

[BJPastor]

I`ve got a problematic tenant that is on a 1 year lease that is set to end July 31/13. I want them out. I`m OK with them staying until the end of the lease. What grounds do I have to kick them out when their lease ends? I posted below how its worded in our lease.

I was thinking of telling the tenant that we are planning on doing renovations starting Aug 1, and need to be out.

Any other suggestions? Thoughts?



1. TERMS: RESIDENT agrees to pay in advance $ 1275.00 ___ per month on the FIRST


day of each month. This agreement shall commence on ___July 16, 2012___and


continue; until ____July 31, 2013_as a leasehold. Thereafter it shall become a


month-to-month tenancy. If RESIDENT should move from the premises prior to


the expiration of this time period, 30 days notice is required to be given to the OWNER. If 30 days notice is not given, RESIDENT shall be liable for all rent due 30 days past the date at which notice was given to the OWNER.

 

[Thomas Beyer]

Give them written notice to vacate, such as



You are hereby reminded that the lease ends July 31, 2013. Please vacate premises by noon or earlier.



We will do a move-out inspection on July 31. Please tell us what time is convenient for you.



Please contact us at xxx-xxxx



Sincerely, ....

 

[MosaicRentals]

In Alberta, no notice is required by either Tenant or the Landlord at the end of a fixed term lease to end the Tenancy or raise the rent.



Although, I would do it as not only a courtesy but to avoid any delays in taking possession on July 31. Do not offer them a new lease be it a term lease or month to month. If you do you will than be bound by the RTA's notice procedures.



Good Luck

 

[BJPastor]

Thanks!

 

[Sherilynn]

Agreed.



The only thing I would do slightly differently is to present them with (or post) a complete move-out package including a clean-up checklist.



The cover letter would detail move-out procedures (such as all cleaning must be completed and all keys must be returned by noon on the last day of tenancy, July 31, 2013). The cover letter may be combined with the notice of inspection.



The notice of inspection should give two different days for inspection. You must attend both if the tenant does not attend the first inspection. It could read something like this:



Notice of Exit Inspection

Notice to: Joe Tenant


Suite 3, 12345 - 123 Street, Edmonton, AB


Date: May-15-13


Please note that the Move-Out (or Exit) Inspection will occur at the following times:

[list type=decimal]
[*]12 noon on July 31, 2013
[*]9 am on August 1, 2013.
[/list type=decimal]

You are encouraged to be present for one of these inspections. If you are not present at either inspection, the inspection will take place without you.


Also please note that regardless of which inspection time you choose, your possession ends at Noon on the last day of tenancy, July 31, 2013. Therefore, on or before that time:

• 
  all cleaning (including professional steam cleaning of all carpets) must be complete, and
  all keys must be returned.

Thank you for your cooperation. Please call me at 780-456-456 with any questions.


Regards,


Bob Landlord

 

[Thomas Beyer]

[quote user=MosaicRentals]In Alberta, no notice is required by either Tenant or the Landlord at the end of a fixed term lease to end the Tenancy or raise the rent.


Not quite.



To raise rents you have to give three months notice. If you do nothing the lease goes month-to-month. As such you have to give notice AGAIN that the lease indeed ends as originally stated.



More here: http://www.servicealberta.gov.ab.ca/618.cfm

 

[brentdavies]

Very poorly worded lease. It is difficult to determine if it a fixed term lease or a month to month lease.



Fixed term lease expires at the end of the lease, and you must give inform the tenant in writing that you will not be renewing the lease. If no notice given, then automatically month to month, and then only 3 reasons to have tenant vacate.



Fixed term lease only, then you can end the tenancy without a reason.



Renovations as a reason to vacate requires one year notice. (used to be 3 months) So don't use this as a reason. This was used a shortcut for converting rentals to condos and was changed in 2007.



Thrash this lease agreement and get a proper lease. Edmonton Apartment Association and the Landlord Tenant Board both sell leases. Read them carefully before buying.

 

[Thomas Beyer]

[quote user=brentdavies]then only 3 reasons to have tenant vacate.
Or you can also increase rents, with 3 months notice, to a very high level, say $5000; also referred to as an economic eviction.

 

[brentdavies]

Increasing rents works very well until the local newspaper and TV news stations come knocking at your door, or the tenant pull your bluff and pays the inflated rent!

 

[Sherilynn]

[quote user=brentdavies]Increasing rents works very well until the local newspaper and TV news stations come knocking at your door, or the tenant pull your bluff and pays the inflated rent!




Agreed.



Tenant can also file suit (and would win) at the RTDRS for increasing rents to force an eviction.



I also agree that the lease is confusing.