Quote:
Originally Posted by jaydorn
I went through a similar thing last year. Assuming this is Alberta all the info you need is on http://www.landlordandtenant.org/
The short version:
- 90 Days notice from the start of the month
- The house must actually be sold, "I'm putting it on the market" is not a valid reason to end tenancy
- If it's purchased as an investment property (eg to be rented immediatly) there's no reason your sister has to move at all baring renovations, your sister should just get new landlords at the same property.
But having said all that your sister now has to deal with a realtor & showings and what not. So they can somewhat legally make it a really uncomfortable place to continue occupying. The fact that she just moved in and now the landlord has opted to put it on the market doesn't bode well for the landlord being reasonable about it.
The path of least resistance may be "this is the law, I just spent money moving and now your pushing me towards moving again. Let's negotiate here to make it easier on everyone" and see if she can get some moving incentives as monkeyman mentioned. |
The above only applies to periodic tenancies. Assuming that the written lease is valid and enforceable the tenant doesn't have to agree to move out early and is in control here. I had the exact same thing happen to me the summer before I started law school and it got a little nasty with the landlord, but the fixed term lease does trump the landlord's right to sell. The landlord was a dummy to sign a fixed term lease if he had any intention of selling.
Even if it was a periodic tenancy, there is no special obligation to maintain the home in some sort of especially great condition. If a realtor tells you different tell them that this represents a breach of the covenant for quiet enjoyment and that as long as you keep the house in reasonable condition as a tenant, unless the lease explicitly states otherwise that is your only obligation besides cooperating with showings. If the realtor continues to pressure, let them know that you will report the matter to RECA.