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Bad faith eviction in Alberta

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  • Jul 11th, 2021 5:13 pm
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[OP]
Member
Sep 17, 2016
332 posts
151 upvotes

Bad faith eviction in Alberta

This is more for my own info, rather than taking action, but I just found out my former landlord lied when giving us notice a couple of months ago.

Heres the back story: we had a 6 months lease that was ending at the end of April. About 45 days before the end of the lease, we were informed that the owner will not renew the lease as he wants to sell the place. I looked up our rights, it said that the owner was required to give us 60 days notice on a lease, however decided not to make a big fuss about it and just move. Problem was we required a bungalow bcz Mom has mobility problems, so we couldnt find anything before the end of April. We asked for a 30 day extension, it was given to us, however, because of the situation here in Alberta where most landlords are trying to sell their houses, it became impossible to find a house, let alone a bungalow, so we had to settle for two apartment units as we needed the extra space. All in all, rental costs including utilities are similar, except for the hassle of moving.

Anyhow, long story short, we drive by the old place, and we see that its occupied. Been keeping tabs on it, it never went up on sale, and the neighbors confirmed it was rented. Probably with $2000/month rather than the $1600 we were paying, as thats the going rate now. To add, we were never late with our rental payments, in fact we had prepaid 6 months everything in cash (not post-dated, actual prepaid)

Now, question is why the owner chose to lie about it being sold, instead of just asking for a rental increase when the lease came up for renewal, and what, if anything, we could have done differently in order to stay, under our rights as renters, rather than going thru the hassle of finding a different place?
13 replies
Deal Expert
Feb 29, 2008
19910 posts
18592 upvotes
Tarrana & The Ri…
That's a question only the landlord can answer. If they lied to you and told you the place was sold just to get you out, that's pretty crappy. There had to be a reason. I'd move on though, go find your house and enjoy your life.
Deal Addict
User avatar
Nov 2, 2020
1438 posts
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TitusBobby wrote: This is more for my own info, rather than taking action, but I just found out my former landlord lied when giving us notice a couple of months ago.

Heres the back story: we had a 6 months lease that was ending at the end of April. About 45 days before the end of the lease, we were informed that the owner will not renew the lease as he wants to sell the place. I looked up our rights, it said that the owner was required to give us 60 days notice on a lease, however decided not to make a big fuss about it and just move. Problem was we required a bungalow bcz Mom has mobility problems, so we couldnt find anything before the end of April. We asked for a 30 day extension, it was given to us, however, because of the situation here in Alberta where most landlords are trying to sell their houses, it became impossible to find a house, let alone a bungalow, so we had to settle for two apartment units as we needed the extra space. All in all, rental costs including utilities are similar, except for the hassle of moving.

Anyhow, long story short, we drive by the old place, and we see that its occupied. Been keeping tabs on it, it never went up on sale, and the neighbors confirmed it was rented. Probably with $2000/month rather than the $1600 we were paying, as thats the going rate now. To add, we were never late with our rental payments, in fact we had prepaid 6 months everything in cash (not post-dated, actual prepaid)

Now, question is why the owner chose to lie about it being sold, instead of just asking for a rental increase when the lease came up for renewal, and what, if anything, we could have done differently in order to stay, under our rights as renters, rather than going thru the hassle of finding a different place?
Not sure why the landlord did this. You may want to get some advice on this. I don’t know if it’s worth fighting for, I find often things like this take more mental energy and stress. Here are some resources in Alberta:

If you need legal advice on a landlord and tenant matter, the Lawyer Referral Service through the Law Society of Alberta can provide you with the names of three lawyers who practice residential tenancies law in your area. Please note that lawyers through this service generally charge for their services. Call 1-800-661-1095 for more information.

Legal Clinics – Tenants Only

Legal advice may be available free of charge to tenants who meet income guidelines from a student legal service:

Student Legal Services, University of Alberta – (780) 492-2226
Student Legal Assistance, University of Calgary – (403) 220-6637
Legal information and advice may be available to tenants with low incomes from these organizations:

Calgary Legal Guidance – Calgary – (403) 234-9266
The Women’s Centre of Calgary – Calgary – (403) 264-1155
Central Alberta Community Legal Clinic – Red Deer and surrounding areas – (403) 314-9129
Edmonton Community Legal Centre – Edmonton – (780) 702-1725
Ft McMurray Legal Clinic – (587) 674-2282
Grande Prairie Legal Guidance – Grande Prairie – (780) 882-0036
Lethbridge Legal Guidance – Lethbridge – (403) 380-6338
Deal Addict
May 23, 2006
1622 posts
631 upvotes
Vancouver
Does your province have restriction on rent increase?

If yes, it isn't unheard of that Landlord plays this tactic to get new tenant with increased rent.

They know if they ask for 10%+ rent increase, tenants will refuse by citing the law doesn't allow such increase.
[OP]
Member
Sep 17, 2016
332 posts
151 upvotes
JayLove06 wrote: That's a question only the landlord can answer. If they lied to you and told you the place was sold just to get you out, that's pretty crappy. There had to be a reason. I'd move on though, go find your house and enjoy your life.
The property manager even wrote an email telling us we were great tenants, probably just to butter us up so we have no hard feelings. Anyhow it was probably done because they found someone that was willing to pay much more in rent and sign a long term lease. So easier to just accept them instead of trying to negotiate with us

Moving on, but reading some of the other threads about renters in Ontario makes me realize that either we have no rights in Alberta as renters or we are completely unaware of them.
Newbie
Jul 27, 2020
81 posts
97 upvotes
Look up your rights in Ottawa that would be grounds for a lawsuit. You are entitled to compensation here if a landlord pulls that, even if they say they are going to occupy it themselves, there’s a rule where they have to live in it for a year I think before being cleared of damages. This is because some landlords say they are going to move in or sell and then rent it soon afterward. Look up your local rules and regulations I’d bet you have a case here.

Personally I’d get legal advice, and go from there. Sometimes all it takes is a letter from a lawyer. Good luck
Deal Expert
Feb 29, 2008
19910 posts
18592 upvotes
Tarrana & The Ri…
TitusBobby wrote: The property manager even wrote an email telling us we were great tenants, probably just to butter us up so we have no hard feelings. Anyhow it was probably done because they found someone that was willing to pay much more in rent and sign a long term lease. So easier to just accept them instead of trying to negotiate with us

Moving on, but reading some of the other threads about renters in Ontario makes me realize that either we have no rights in Alberta as renters or we are completely unaware of them.
Yea. Probably why your landlord did what they did. Landlords would have to be more creative to get tenants out. You can check what rights you have in Alberta.
Deal Addict
Oct 13, 2014
2771 posts
2078 upvotes
Just Moved To Somewh…
Here is a link that should address your concerns (It will open a PDF document of the actual Legislation):

https://www.google.com/url?sa=t&rct=j&q ... jmiZqqESVi

I can find no reference for your benefit about the Landlord giving false information, but feel free to read the Legislation in its entirety.
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Sr. Member
May 7, 2015
791 posts
1258 upvotes
Toronto, ON
If I had a Tennant that prepaid 6 months of rent I think I’d cut a deal.

But if the year was up and we were switching to month to month again, then 400$ less a month looks very unappealing.

I remember a month after my son was born my landlord at the time told us they wanted the house for personal use. She didn’t give proper notice and didn’t reimburse us a months rent as per the rules.

It was a super inconvenient time for us. Like you I didn’t find a place, we had to move temporarily into my parents house before moving again, all the while having to juggle a new born. I asked for an extension and was denied. Even though I knew the rules and I knew she was not following them. I didn’t feel entitled to the house, I know it’s not mine. I left without making a fuss.

When I think back about it, I think about how crappy the situation, how difficult moving was, but I have no feelings of what I can only describe as entitlement to the house, and to the compensation owed by law.

To me this was someone else’s house, plain and simple. I was paying for the privilege to live there. I had no rights to it other than the time I paid to be there for.
Deal Addict
User avatar
Nov 30, 2005
1884 posts
1459 upvotes
Ottawa, ON
Sorry to hear about your situation OP. Hate when good people are screwed over. Unfortunately this may be one of the unintended consequence of rent control, it incentivizes landlords who are not able to charge market value to use these underhanded tactics. You could pursue this with whatever board governs over there but from a practical and mental health perspective, not sure it will help you any. Hope your new landlord is better.
Deal Guru
User avatar
Mar 23, 2008
13006 posts
9978 upvotes
Edmonton
In Alberta, a fixed term tenancy ends on the last day of the tenancy period. It’s “nice” if the landlord sends a reminder to the tenant, but it’s not required.

https://www.alberta.ca/ending-rental-agreement.aspx

Periodic tenancies (month to month) are a different story, and also covered in that document.

So if you were in a fixed term tenancy, the landlord did nothing wrong.

C
Deal Addict
Jan 13, 2014
2624 posts
1794 upvotes
Calgary
From a landlords perspective, there is a good chance that he actually may have listed the property for sale, had no bite or couldnt sell and put it up for rent. i had this issue before with one of my rental.
Deal Expert
Feb 29, 2008
19910 posts
18592 upvotes
Tarrana & The Ri…
masarwar wrote: From a landlords perspective, there is a good chance that he actually may have listed the property for sale, had no bite or couldnt sell and put it up for rent. i had this issue before with one of my rental.
Yep. Quite possible. That’s why I suggested that OP move on.

I know of a landlord who did the same thing and was actually planning to sell. Her parents got sick and any plans for selling went by the wayside so she had to rent the place out. Sometimes shit happens.
Deal Expert
User avatar
Oct 26, 2003
37999 posts
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Winnipeg
lease agreement is supposed to be mutually beneficial for both landlord and tenant, and either side is not obligated to renew the lease, you can file a complaint if you feel strongly about the 15 day shorter of notice given, although not sure if that is still valid by this point.
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