Prepared by: Fort McMurray Landlord and Tenant Advisory Board ...

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Before the termination date given in the notice, the tenant can serve written notice to the landlord, objecting to the termination and stating the reasons for the objection. The landlord’s notice is then void. If the substantial breach is for non-payment of rent, the tenant cannot object. 64. What can the landlord do if the tenant objects to the notice of termination? Following receipt of a proper notice of objection from the tenant, the landlord can still apply to the court for termination of tenancy. 65. Can the landlord change the locks if the tenant does not vacate? No. 66. Can a tenant receive an eviction notice for exercising their rights under the Residential Tenancies Act? No. A tenant cannot receive an eviction notice for exercising their rights under the Residential Tenancies Act or the Public Health Act. ABANDONED PREMISES AND GOODS 67. What can the landlord do if a tenant abandons or vacates the premises leaving personal property? The landlord may dispose of the goods if the landlord believes the goods have a market value of less than $2000. If the abandoned goods have a value of $2000 or more, a landlord, who on reasonable grounds believes: a) that the storage of goods would be unsanitary or unsafe or would rapidly result in the total or substantial depreciation of their market value, or b) that the cost of removing, storing and selling the goods would exceed the proceeds of their sale, may sell the goods by a means and for a price that the landlord believes is reasonable. If a) or b) do not apply, the landlord must store the goods for a period of 30 days and then dispose of the goods by public auction or, with the approval of the court, by private sale. If the tenant requests the return of the goods before they have been disposed of, they must be returned. However, the landlord can charge a fee for storage or removal. The landlord shall keep a record as it relates to particular goods for at least 3 years after the goods were returned to the tenant, sold or disposed of, as the case may be. TERMINATION OF TENANCY 68. Can a tenancy be terminated in the winter? -15-
Yes, providing proper notice is given. 69. What requirements must a landlord’s notice to terminate a tenancy contain? The notice to terminate must: a) be in writing b) be signed by the landlord giving the notice, or his agent, c) where the landlord is giving notice, set out the reasons for the termination d) identify the premises in respect to which the notice is being served, e) state the date on which the tenancy is to terminate. 70. How is a monthly periodic tenancy agreement terminated? The landlord or tenant serves a notice to terminate: a) by a tenant to the landlord, on or before the first day of a tenancy month to be effective on the last day of that tenancy month (noon is the time established in the Residential Tenancies Act), b) by a landlord to the tenant on or before the first day of the notice period, which is three consecutive tenancy months, to be effective on the last day of the notice period. The notice may only be given for one of the reasons set out by the Residential Tenancies Act Ministerial Regulations. (See Question 71) 71. What reasons can a landlord give for terminating a periodic tenancy? a) If the landlord or a relative of the landlord intends to occupy the premises, b) If the landlord has entered into an agreement to sell the premises of the tenant, c) If the purchaser or a relative of the purchaser intends to occupy the premises and an agreement has been made to see on detached or semi-detached dwelling unit and/or condominium unit, d) If the purchaser requests in writing that the landlord give the tenant notice to terminate the tenancy, e) If the landlord intends to demolish the building in which the premises are located or make major renovations to the premises requiring the premises to be unoccupied. f) If the landlord intends to use the premises for a non-residential purpose, g) If the landlord is an educational institution and the tenant is or will no longer be a student when the notice period for terminating the tenancy has passed. h) If the premises rented are subsidized public housing and the tenant is no longer eligible for such housing, has not reported income respecting eligibility or the public funding or the program is cancelled, i) If the premises are being converted to condominium use, (See Question 73) j) Where the tenancy was entered into because of employment by the landlord, and the employment has ended. (See Question 74) -16-
Page 1 and 2: T H E R E G I O N A L M U N I C I P
Page 3 and 4: INTRODUCTION 1. Who is a tenant? A
Page 5 and 6: 11. If a tenant does not pay the re
Page 7 and 8: ASSIGNMENT AND SUBLEASING 20. Can t
Page 9 and 10: SECURITY DEPOSITS 31. What is a sec
Page 11 and 12: 42. Can a tenant make the landlord
Page 13 and 14: LOCKS 53. Can a landlord or a tenan
Page 15: The landlord may terminate the tena
Page 19 and 20: The tenant must vacate on or before
Page 21 and 22: ADDITIONAL INFORMATION The resident
Page 23: to the: Calgary Landlord and Tenant

Prepared by: Fort McMurray Landlord and Tenant Advisory Board ...

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