Tenancy Termination Question

[kermitology]

In September I rented my condo to a family for a 10 month lease. They called me yesterday and said that they want out of the lease for various reasons, not anything related to the rental, but their situation changed.

What obligations do I have to end the lease early? Reading the tenants act, because the lease is less than 1 year but greater than one month, they only have to give me one months notice (on or before Dec 1 for Dec 31) to terminate, but other Alberta links for landlords and tenants say that the lease is valid for the duration signed, and I don't have to let them out early.

Does anyone know the answer here?

[ken0042]

Where are you reading that the 10 month period means they only have to give 1 month's notice?

Edit- It is this?
If a periodic tenancy of residential premises is for a period of more than one week but less than one year, that tenancy is, for the purposes of terminating the tenancy, deemed to be a monthly tenancy.

If so, keep in mind the definition of "periodic tenancy."

(i) “periodic tenancy” means
(i) a tenancy under a residential tenancy agreement that is
renewed or continued without notice,

[photon]

A fixed term is a fixed term, it ends when the agreement says it ends. The notice is for a periodic tenancy (or some RTAs may have notice required to end a fixed term tenancy at the end otherwise it converts into a periodic).

The tenant is 100% responsible for the entire term of the tenancy even if they move out. However the landlord is responsible to put every reasonable effort into re-renting the property out, and once it's re-rented then the old tenants are off the hook. This ensures there's no damage to the landlord through the tenant breaking the RTA, but also ensures the landlord doesn't double-dip or just sit with the property vacant letting the moved-out tenants pay rent.

So basically they are tenants and have to pay rent until you can rent it out again, and of course they don't get their security deposit back until the tenancy is over (and you've re-rented it).

[REDVAN]

I have nothing to add other than what it really means is: the only way the tenancy can end is if both parties agree to terminate.

Good luck finding new renters... good ones are so few and far between if you're not careful.

[photon]

I signed a fixed-term lease that doesn't end for another five months. I just got a job transfer to Winnipeg. Can I sublet my apartment?

A fixed-term tenancy begins and ends on specific dates. If you leave before the tenancy ends, and the landlord is unable to re-rent the suite for the remainder of the term, you can be held liable for the rent owing. Talk to your landlord about assigning your lease to another tenant. You have to have written consent from the landlord. A landlord must have reasonable grounds to refuse an assignment of your tenancy. A landlord who refuses to give consent must provide written reasons for the refusal. If a landlord does not respond to a request for consent within 14 days after receiving the request, the landlord is considered to have given consent. A landlord is required to make reasonable efforts to minimize your liability for rent by trying to rent the premises to a new tenant.

http://www.servicealberta.gov.ab.ca/618.cfm

[Table 5]

Originally Posted by REDVAN

Good luck finding new renters... good ones are so few and far between if you're not careful.

If a landlord can't find good renters right now, it's nobody's fault but their own. The rental market in Calgary is crazy tight right now, so chances are you'll have a ton of people to pick from.

My father listed one of his properties last month, and he had over 50 people call him in the first 24 hours alone (and had to take it off Rentfaster after that just to have it stop). People were offering more than he was asking for.

[kermitology]

Thanks guys, I figured out these answers later. Thanks for the confirmation.

I'm really frustrated by this as my wife is just about ready to have our first child and showing the place with a newborn is not something I want to do.

[kermitology]

Originally Posted by photon

A fixed term is a fixed term, it ends when the agreement says it ends. The notice is for a periodic tenancy (or some RTAs may have notice required to end a fixed term tenancy at the end otherwise it converts into a periodic).

The tenant is 100% responsible for the entire term of the tenancy even if they move out. However the landlord is responsible to put every reasonable effort into re-renting the property out, and once it's re-rented then the old tenants are off the hook. This ensures there's no damage to the landlord through the tenant breaking the RTA, but also ensures the landlord doesn't double-dip or just sit with the property vacant letting the moved-out tenants pay rent.

So basically they are tenants and have to pay rent until you can rent it out again, and of course they don't get their security deposit back until the tenancy is over (and you've re-rented it).

So does this mean that as soon as I rent the place out again they get the deposit back or do I hold it until the termination date on the lease?

[GreatWhiteEbola]

I don't think you can have 2 deposits on the same property.

[photon]

Originally Posted by kermitology

So does this mean that as soon as I rent the place out again they get the deposit back or do I hold it until the termination date on the lease?

Yeah you'd give it back when it's rented out to a new tenant, when you rent it out to someone else that would be the effective new termination date on the lease.

EDIT: This is one position where post-dated cheques is still a good way to go, if you are depending on them to sent it via EMT and they decide to not fulfill their part then you only have their security deposit to cover one month of the vacancy (assuming no deductions), and then have to try and go after them (which is nearly impossible).

Not a huge deal currently in Calgary but can be important other times.

[opendoor]

Yeah, I wouldn't count on getting rent out of them for any months they're not living there. Even if you have post dated cheques, they could easily just close the account down. I honestly wouldn't expect anyone who wants out of a least 2 months in to live up to their end of the bargain.

Personally I'd just let them out of the lease and rent it to someone else. It's not worth the hassle and there's always the potential for them getting angry and trashing the place and/or leaving a bunch of junk there.

Legally you're totally in the right, but when it comes to landlord/tenant matters that often doesn't really matter. I usually opt for what provides the least headache in these situations, even if I lose a bit of money.

[photon]

Originally Posted by opendoor

Personally I'd just let them out of the lease and rent it to someone else.

I still try and hold people to their agreements, though I'm always clear that they will be released out of their agreement the day that it's rented to someone else.

I've been in this situation a number of times and most of the time the people have been reasonable and paid their end of things, though I've never had it stay vacant for more than a few weeks.

The only times where people haven't is in my "lower end" properties. I'm a pragmatist too, but deadbeat tenants are so prevalent they seem to just expect to be able to do what they want without having to live up to what they agreed to.