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Month to Month Lease Termination

J

jeffvp

0
REIN Member
Joined
Oct 24, 2012
Messages
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A friend received a letter this weekend stating her tenancy is terminated at the end of February as the owner intents to sell the property. She's on a month to month lease and wondering if this is an appropriate amount of time being provided to her. This is in Edmonton.



Jeff
 
Either the buyer or a relative of the buyer must be moving in to the premises in order for the landlord to end the tenancy (with 3 months written notice). The landlord cannot end the tenancy just because he wants it vacant to put it up for sale.
 
[quote user=Sherilyn]Either the buyer or a relative of the buyer must be moving in to the premises in order for the landlord to end the tenancy (with 3 months written notice). The landlord cannot end the tenancy just because he wants it vacant to put it up for sale.




But you can give notice and hope they leave as requested. Worse case scenario buyer must evict but in most cases respectful tenants will leave voluntarily when owner wishes to sell. Nothing ventured nothing gained.
 
[quote user=invst4profit]in most cases respectful tenants will leave voluntarily when owner wishes to sell.


I disagree. I think that respectful tenants would like to have their rights respected, and may wish to keep the home that they have made, especially considering the new owner could keep the property as a rental.



The landlord may give notice once a buyer who wishes to live in the home has an unconditional contract. Perhaps the possession date could even coincide with the 3-month notice period, meaning that the tenants would still move out before the new owners get possession. That way they wouldn't need to deal with tenancy issues.
 
While technically in Alberta you cannot force a tenant out with three months notice, you can give very steep rent increases that result in the same thing, say up to $3500 from currently $1200. Thus, if you need vacant possession for a sale, best is to get the property vacant FIRST then fix it, then stage it, then sell it.
 
[quote user=ThomasBeyer]you can give very steep rent increases that result in the same thing, say up to $3500 from currently $1200


Yes, Alberta is the best place on earth. :)
 
[quote user="Sherilyn I disagree. I think that respectful tenants would like to have their rights respected,




Three months notice should be more than enough respect for a tenant.

Funny thing is it's more respect than the majority of tenants would even consider giving a landlord.
 
Ask them they could not immediate terminate. They should give notice of three months.
 
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