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

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72. How can a landlord serve notice? It can be serve personally or through registered or certified mail. If the tenant is absent from the premises, the notice may be served: a) to an adult person who resides with the tenant, b) by posting it in a conspicuous place on some part of the premises. c) By electronic means that will result in a printed copy of the notice by an electronic device that is situated in the residential premises. Landlords may not terminate a fixed term tenancy at any time during the fixed term, unless there has been a Substantial Breach, but neither party is obligated to renew a fixed term tenancy. 73. If the rented premise is changed to a condominium unit after the tenant moves in, and the landlord wants to terminate the tenancy so that the premise can be sold as a condominium unit, how much notice is the tenant entitled to? At lease 180 day written notice. Three full tenancy months if a rented unit has been sold and the new owner wants vacant possession. 74. How much notice is required to terminate a periodic tenancy of an employee? The landlord or the tenant (employee) may terminate the tenancy by serving notice on the other party in sufficient time to provide a period of notice of termination of tenancy that is: a) equal to the period of notice of termination of employment required under the Employment Standards Code, b) equal to the period of notice of termination of employment agreed to by the landlord and tenant, c) of one week’s duration, if the tenancy began with employment, d) whichever of the above periods is longest. 75. What should the landlord do if a tenant moves without giving proper notice? The landlord is entitled to proper notice and may claim additional rent from the tenant. The landlord is required to make a reasonable effort to re-rent the premises as soon as possible. If the property is rented without any loss of income, the landlord cannot claim rent against the tenant. 76. Is the tenant responsible for utilities if they vacate the premises early? Yes, unless the suite has been re-rented and the agreement requires that the tenant is responsible for utilities. 77. What time should a tenant vacate the premises? -17-
The tenant must vacate on or before 12:00 NOON on the last day of the tenancy, unless the landlord and the tenant agree to a different time. 78. If the tenant does not vacate on a termination date, what may the landlord do? The landlord may apply to the Court for possession of the premises. 79. What is an order for possession? An order for possession is an order issued by the Court, specifying the time and date the tenant must vacate the premises. 80. Is a lawyer required for Court? A lawyer is not required for Provincial Court. A lawyer is not required for Court of Queen’s Bench, however, it is highly recommended. ROOMMATES AND GUESTS 81. Can a landlord collect rent from any one of the tenants? Yes, the landlord can collect rent from any one of the tenants who are allowed to live in a rental unit under a residential tenancy agreement. 82. What can a tenant do when a roommate leaves without paying the rent? First of all, the tenant should realize that it is not the landlord’s problem. Unfortunately, the tenant may be left paying the whole rent. The tenant would then have to find their ex-roommate and ask them to pay. They may have to take their ex-roommate to court. 83. What could a tenant do to protect themselves when getting a new roommate? Think about whether the roommate will be a good tenant. They should consider whether the roommate can afford the rent and whether he or she will keep the place clean and not damage the place. They should also make sure that the new roommate is not going to leave them paying the rent or do damage that gives the landlord a reason to end the tenancy. -18-
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 and 16: The landlord may terminate the tena
Page 17: Yes, providing proper notice is giv
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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