Landlord/Tenant Question

[I_H8_Crawford]

Hoping CP can help me out.

TLDR: Wife and I are up for lease renewal. Reached out to LL a month ago saying we would like to continue on month-to-month basis as we are looking for a place to purchase. LL sat on it for a month and has now come back saying rent increase.

I understand why they want the increase, but my question is do we have any rights seeing as how they sat on this until we have ~2 weeks before the expiration of our lease to do it? It effectively kills any chance for us to either negotiate or look for alternative accommodations.

[Oling_Roachinen]

Just to clarify, you were on a fixed term lease that is expiring? And have you been there for more than a year (or last increase over a year ago)?

If so, I think you’re out of luck except that it’s a renters market so I’d probably look quickly.

[Ashasx]

I would leave on principle alone based on that interaction.

[combustiblefuel]

I would double check but I read that as long as Alberta has declared a heath state of emergency the rent freeze is on.
I know most provinces have this right now . Here in B.C the rent increase freeze is till june and possibly longer depending on covid situation. Ontario has one , Quebec etc all have one

Just browsing the tenancy act for Alberta. What a joke. Alberta dosen't even have a law to limit the rent increases per year (unless you have a year long lease) or a limit to increases at all. You could pay 1300 one year and they can jack it up to literally anything. We have limits every year no matter the type of lease. I've been in the same place for 6 years and on the 5th year we rolled it over to month to month. According to Alberta a land lord in that structure can increase the rent every 3 months .. insane.


Based on how I interpret the Alberta tenecy act. Yes, they do have the right to increase it every 365 days with no limits on a fixed term with little to no notice or No, if the rent increase freeze is still in effect. It's surprisingly hard to find current info on Alberta tenancy laws. Your best bet is phoning RTDRS

Connect with RTDRS:

Phone: 780-644-3000
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-644-2266
Email: rtdrs@gov.ab.ca

[Oling_Roachinen]

They lifted the rent freeze in June in Alberta. I’m fairly confident that if I_H8_CRAWFORD has been there a year (or longer) and no rent increase in a year than the tenant can increase rent at the end of the term without notice.

[Oling_Roachinen]

Originally Posted by combustiblefuel

According to Alberta a land lord in that structure can increase the rent every 3 months .. insane.

No, once a year only. But no limit to the increase.

[combustiblefuel]

Originally Posted by Oling_Roachinen

No, once a year only. But no limit to the increase.

Your right. . ####ing insane still . Here no matter your lease terms it's 1 time a year and with a provincial approved %

[combustiblefuel]

Originally Posted by Oling_Roachinen

They lifted the rent freeze in June in Alberta. I’m fairly confident that if I_H8_CRAWFORD has been there a year (or longer) and no rent increase in a year than the tenant can increase rent at the end of the term without notice.

No seems it has to be a full 90 days notice.

[combustiblefuel]

Even if we had an emergency Reno here the landlords responsible fo covering other housing costs and cant raise the rent after and has to offer you the rental first before trying to advertise to new renters.

[getbak]

I've never had a fixed-term lease so maybe that's a difference, but my understanding is that any rent increase requires a minimum 90 days written notice.

[combustiblefuel]

Originally Posted by getbak

I've never had a fixed-term lease so maybe that's a difference, but my understanding is that any rent increase requires a minimum 90 days written notice.

That is what it is needed . 90 days. That being said . Does the current lease state after the fixed period it goes to month to month or does the current contract state it will just end. There is a place on a tenecy agreement that asks this question.

[Oling_Roachinen]

https://www.alberta.ca/information-t...landlords.aspx

Landlords cannot increase the rent payable by a tenant under a fixed term or periodic tenancy agreement until a minimum of one year (365 days) has passed since the last rent increase or since the start of the tenancy, whichever is later.

If the landlord wants to increase the rent, the landlord’s notice to the tenant must be in writing and include all of the following:

the date
the effective date of the increase
the landlord's signature

This notice is required for a periodic tenancy only.

The amount of notice required depends on the type of tenancy:

12 full tenancy weeks for a week-to-week periodic tenancy
3 full tenancy months for a month-to-month periodic tenancy
90 days for any other periodic tenancy

For a fixed-term lease there is no notice required.

[Oling_Roachinen]

https://www.landlordandtenant.org/no...rent-increase/

If a tenant has a fixed term tenancy (which has an end date), there is no requirement under the Residential Tenancies Act for the landlord to give written notice of a rent increase. However, it is a very good idea for the landlord to let the tenant know of the increase ahead of time.

While notice is not required, there are rules that a landlord must follow to increase the rent during a fixed term tenancy:

A landlord can only increase the rent if one year (365 days) has passed since the tenant moved in or since the last rent increase.
The landlord cannot increase the rent midway through a fixed term lease agreement; the landlord has to wait until the fixed-term agreement is over. For example, if a tenant signs a six month lease and then signs a one year lease, the landlord must wait until the one year lease is over before increasing rent, even though the 365th day falls halfway through the one year lease. The landlord must wait until that lease is over the raise the rent.

[combustiblefuel]

O good. Another reason to never return to Alberta.

[Fuzz]

Originally Posted by combustiblefuel

O good. Another reason to never return to Alberta.

Please stop.

[Flamenspiel]

Originally Posted by combustiblefuel

O good. Another reason to never return to Alberta.

Or, be a landlord, it’s worked for me. I can’t believe what my landlord friends in other provinces put up with.

[Mull]

Originally Posted by combustiblefuel

O good. Another reason to never return to Alberta.

I don't understand, what is unfair about this law?
The agreement expired. Why shouldn't the LL be able to increase the rate? Heck, the user in this case wants to go month to month - less security for the LL. Obviously a higher rate (relative to market trends) is expected.

Is the LL crappy for waiting this long? Hell ya, but I don't see why a law should be in place to prevent it.

If I am I_H8_Crawford, I sign on to month to month, then nearly immediately give my month notice -or as late as I can so I can move out at the end of March. Suck up one month of higher rent and then a big FU to the land lord for their crap tactics.

[I_H8_Crawford]

And just to be clear - I fully expected a rent increase, it's more about the principle of it.

We even offered 60 days' notice on or original reach out to ask about month to month to help out the LL in an act of good faith, and they have done this.

We are seeing some places this weekend, one for the 2nd time, so hopefully all goes well, and we buy a house and get out in March

[Mayo]

It’s not unreasonable that they asked for an increase for month to month. It’s unreasonable that they sat on it for a month though. My rent negotiations with tenants are usually over in a matter of minutes. Sadly I’m continually lowering the rent tho

[Oling_Roachinen]

Originally Posted by Mayo

Sadly I’m continually lowering the rent tho

Yeah, unless I_H8_CRAWFORD was getting some Friend's level of awesome rent, I'd be tempted to call the landlord's bluff. You may not have a long time to find a place, but he will have even less to find someone to take over without missing out on rent himself. And it's easier to find a place than to rent one out.