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Originally Posted by bizaro86
That isn't true unless your lease specifically says that. A fixed term lease ends on the day it ends, and no notice is required to end it. That said, providing zero notice would make you the #######, so I wouldn't do that. I've never non-renewed someone but would do slightly more than 30 days notice. Ie around the 25th of the month prior to their last let them know I wasn't going to be able to renew. I wouldn't tell a complicated (or any) lie, in fact I wouldn't give a reason at all
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Sort of. The rules on the end of fixed term leases in Alberta are stupid and murky.
If the landlord accepts rent on the 1st of the month after the lease ends (assuming it ends at noon on last day of previous month), then they are now periodic.
And yet no notice is required from either party to vacate.
It seems to me the only way to be safe is to give tenat notice in writing to vacate well in advance. If they stay and pay rent on the 1st, I’m not sure what would constitute acceptance of rent, especially when via etransfer. You could find yourself stuck if you aren’t on top of things.
This seems to imply that if the landlord doesn’t give notice in writing, even though it isn’t legally required, then the law sides with the tenant. Like I said, murky.
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If the parties do not notify each other of their intention to continue the tenancy or to end the tenancy, difficulties may arise. For example, the landlord may be expecting the tenant to leave at the end of the fixed term and may have plans for the premises.
The RTA says that if, at the end of the fixed term tenancy, the tenant doesn’t move out and the landlord accepts the tenant staying on and continuing to pay rent, then, unless there are agreements or facts in the arrangement that indicate otherwise, the tenancy switches to a periodic tenancy.
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