can the landlord kick us out?

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Jul 17th, 2020 1:54 pm

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Jul 15th, 2020 9:16 pm

Jyelong [OP]: Newbie; Feb 7, 2019; 82 posts; 28 upvotes

Jul 15th, 2020 9:16 pm

can the landlord kick us out?

So, here is our situation:
- Province - Alberta
- Landlord is trying to sell the unit we are renting. Our lease term was coming to an end at the end of July and we asked landlord whether they wanted us to stay on a month-to-month basis until they sold the unit. Landlord said yes - obviously to collect the rent while trying to sell the unit - and we agreed this by email. All seemed good until yesterday, when landlord said we have to move out at the end of July. Clearly, someone has made an offer and they was to get rid of us. But this does not seem fair, as we had agreed on going month to month, which would give us at least the month of August. Now we have only two weeks to move out.
This morning the landlord posted a move out notice on our door, leaving no room for negotiation.
What do you think are our options? Are they right to kick us out like this?

10 replies

Jul 15th, 2020 10:09 pm

TrevorK: Deal Expert; Aug 2, 2001; 16594 posts; 6767 upvotes

Jul 15th, 2020 10:09 pm

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

Periodic tenancy

To end a periodic tenancy agreement, landlords and tenants must give written notice to the other party.

The written notice must include all of the following information:

the address of the rental premises
the date the tenancy will end
the signature of the person giving notice

Landlords must also include their reasons for ending the tenancy.
Amount of notice required

The required notice depends on who is giving the notice and the type of tenancy.
Weekly tenancy

The tenant or landlord must give one week of notice.
Monthly tenancy

The tenant must give one month of notice. The landlord must give 3 months of notice.

I would contact the phone number at the bottom of the page and ask them. I suspect what is happening is not allowed.

Jul 15th, 2020 10:54 pm

Jyelong [OP]: Newbie; Feb 7, 2019; 82 posts; 28 upvotes

Jul 15th, 2020 10:54 pm

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

Periodic tenancy

To end a periodic tenancy agreement, landlords and tenants must give written notice to the other party.

The written notice must include all of the following information:

the address of the rental premises
the date the tenancy will end
the signature of the person giving notice

Landlords must also include their reasons for ending the tenancy.
Amount of notice required

The required notice depends on who is giving the notice and the type of tenancy.
Weekly tenancy

The tenant or landlord must give one week of notice.
Monthly tenancy

The tenant must give one month of notice. The landlord must give 3 months of notice.

I would contact the phone number at the bottom of the page and ask them. I suspect what is happening is not allowed.

Thanks.

Jul 16th, 2020 1:44 am

fogetmylogin: Deal Addict; Nov 13, 2013; 2342 posts; 1136 upvotes; Ottawa

Jul 16th, 2020 1:44 am

I think you have your definitive answer and should certainly call. There are a lot of times where the rules and Tenant Boards give unfair advantages to tenants but asking someone to move out in a few weeks is ridiculous. What your landlord is doing is really beyond the pale and you should vigorously defend your rights.

Jul 16th, 2020 5:47 am

JayLove06: Deal Guru; Feb 29, 2008; 12555 posts; 7762 upvotes

Jul 16th, 2020 5:47 am

Landlord is being a douche. Are you able to move in that short amount of time? You could tell the landlord no and cite the law...or you can tell the landlord to incentivize you for moving early. You’re helping the landlord so thry should pay you for it.

Jul 16th, 2020 9:22 pm

FrancisBacon: Deal Addict; May 12, 2014; 2591 posts; 2308 upvotes; Montreal

Jul 16th, 2020 9:22 pm

Going by what has been posted, neither what the owner "said" nor what they "posted on the door" counts for anything.

If your goal is to stretch things out, I wouldn't even respond. Why let him know he's going about it the wrong way if he's breaking your agreement?

Don't forget to document everything properly.

Jul 16th, 2020 9:26 pm

hierophant: Deal Addict; Feb 4, 2010; 3841 posts; 2619 upvotes

Jul 16th, 2020 9:26 pm

If he wants you out so badly he should offer to pay you the equivalent of 3 months rent

Before responding to someone (online or offline) ask yourself: is it true? is it helpful? is it kind? is it necessary? This comes from an old Sufi adage that is so relevant today.

Jul 16th, 2020 9:46 pm

Furcorn: Sr. Member; Jun 7, 2017; 942 posts; 677 upvotes; BC

Jul 16th, 2020 9:46 pm

This is so non ON: "we asked landlord whether they wanted us to stay on a month-to-month". No idea.

Jul 17th, 2020 11:54 am

masarwar: Deal Addict; Jan 13, 2014; 1645 posts; 568 upvotes; Calgary

Jul 17th, 2020 11:54 am

Month to month means they need to give you 30 days notice. So yes it should be till end of august. Call your landlord. If not contact tenant support services.

thank you

Jul 17th, 2020 12:45 pm

CNeufeld: Deal Guru; Mar 23, 2008; 11497 posts; 7780 upvotes; Edmonton

Jul 17th, 2020 12:45 pm

masarwar wrote: ↑ Month to month means they need to give you 30 days notice. So yes it should be till end of august. Call your landlord. If not contact tenant support services.

thank you

Based on what @TrevorK posted above, shouldn't that be 3 months? Tenant has to give one month's notice, landlord has to give 3.

C

Jul 17th, 2020 1:54 pm

masarwar: Deal Addict; Jan 13, 2014; 1645 posts; 568 upvotes; Calgary

Jul 17th, 2020 1:54 pm

CNeufeld wrote: ↑ Based on what @TrevorK posted above, shouldn't that be 3 months? Tenant has to give one month's notice, landlord has to give 3.

C

In this situation if we are taking their tenancy to be ending on july (one year period) they should be getting till august end to move as tenant has agreed to it. But yes because now the landlord is being a d-bag they can drag it for 90 days. Rent will still be due though.

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