Alright. Before I start, hindsight is 20/20...
I live in a house in the NW that my parents own. My Fiancée and I live upstairs and my parents rent out the basement suite.
A friend, or should I say former friend, of mine had been dating this girl for 2 years. She lived in Ontario and he is here in Calgary. She has an 8 yr old kid. He came to me and asked if my parents would rent the basement to him because he was going to move them out here to live with him. I
thought I asked him all the right questions and the
seemed to have a really solid relationship.
Long story short, she is crazy and he is a dick. He moved out at the beginning of June and said he would pay for rent in July and then she was on her own. Oh, I should mention that at this point she did not have a job and she had been here since January...
Now here is the Hindsight part. My old man is a procrastinator and I told him he should throw a lease together but he never got around to it. He wasn't too concerned because they knew my friend and he hasn't had any trouble with acquaintances living in the basement yet.
I talked about the situation with my parents and they decided that they were going to give her 6 weeks notice to GTFO, so that would have been the end of July. The gave it to her in writing and it was signed and dated. Well, it is August first and she still isn't completely packed. She claims she is going to be out on Saturday but she doesn't have a drivers license so I am a little concerned about how that will work.
I went down to talk to her last night and the pity party began. I wont go into details but she did mention that a cop friend of hers did some research and he told her that she is technically a 'sub-tenant'. She said that her friend said this means my parents had to give her 3 months notice, not 6 weeks. I can't find any information about this but through searching on this site I was sent to the link below.
http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm
Here I found this:
Quote:
Notice to vacate
36(1) A landlord may require a person who is not a tenant but who is living in residential premises occupied by a tenant to vacate the premises by serving the person with a notice to vacate.
(2) The notice to vacate under subsection (1) must give the person living in the premises at least 14 days to vacate the premises from the day that the notice is served.
(3) A notice to vacate must
(a) be in writing,
(b) be signed by the landlord or the landlord’s agent, and
(c) set out the time and date by which the person must vacate.
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Does this apply to my parents situation? Any help would be greatly appreciated.
Thanks.