Can Your Alberta Landlord End Your Tenancy to Sell, Move In or Renovate?

You rent month to month, week to week or year to year, and your landlord says the tenancy is ending. You have paid your rent and followed the rules, so you want to know whether a landlord can do that at all.

In Alberta, a landlord cannot end a periodic tenancy for just any reason. This article covers the reasons the law allows, the notice that must be given, and what to do if the notice looks wrong.

This article covers the law of Alberta.

The basic rule: a landlord needs a valid reason

A landlord's notice to end a periodic tenancy is of no effect unless it is for a prescribed reason or a reason under section 11 or section 12 of the Residential Tenancies Act. A periodic tenancy is one that rolls on week to week, month to month or year to year, with no end date.

A fixed-term lease works differently. No notice is needed to end it, and it ends on the date in the agreement. Ending it early requires both parties to agree.

The prescribed reasons

The Ministerial Regulation lists the reasons a landlord may rely on when you have done nothing wrong:

• The landlord or a relative of the landlord will occupy the unit.
• The unit is being sold and the purchaser or a relative will occupy it.
• The unit is a detached, semi-detached or condo unit being sold and the purchaser asks for the notice in writing.
• The building will be demolished.
• Major renovations require the unit to be empty.
• The unit will be used for non-residential purposes.
• The unit is student housing at an educational institution and the tenant is no longer a student.

Whether a particular situation fits one of these reasons depends on the facts. A lawyer can help you check.

How much notice the landlord must give

Painting, replacing floor covering and routine maintenance are not major renovations. A landlord cannot rely on those as the reason for a 365-day renovation notice.

What the notice must contain

A notice to end a periodic tenancy must be in writing and signed. It must identify the premises and state the termination date. A landlord's notice must also state the reasons.

Rent cannot be increased after a condo-conversion termination notice or a major-renovation termination notice. More generally, Alberta has no limit on how much rent can go up, but an increase needs written notice of at least 12 tenancy weeks (weekly), 3 tenancy months (monthly) or 90 days (other periodic tenancy), and rent cannot go up until at least 365 days have passed since the tenancy started or the last increase.

• Is the notice in writing and signed?
• Does it name your rental address?
• Does it give a clear end date?
• Does it state the reason?
• Does the notice period match the reason and your tenancy type?

Retaliation and disputes

A landlord may not end a tenancy or retaliate because you applied for a remedy, made a complaint, helped an investigation or gave evidence under the Act or the Public Health Act. If you think a notice is payback, keep the dates of your complaint and the notice.

Either a landlord or a tenant may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) instead of court. Once one party files with RTDRS, the other is bound to that forum. A court application on the same dispute is barred unless the RTDRS application is withdrawn. Because the first filing fixes the forum, get advice before you file.

What to do next

• Keep the notice, the envelope or delivery record, and your lease.
• Check the reason, the dates and the signature against the points above.
• Do not assume you must leave if the notice looks defective; a notice without a valid reason has no effect.
• Write down any recent complaints or requests you made to the landlord.
• Speak with a lawyer before you file anything or agree to move out early.

Frequently asked questions