The Alberta Residential Tenancies Act (RTA) is a legal document that lays out all these types of laws and rules.
When it comes to giving notice for ending a lease, it all boils down to the type of lease and who is giving notice (The landlord or the tenant).
So let’s take a look at the most common scenarios:
How much notice needs to be given for a lease in Alberta?
Notice Period for Tenants:
- For both periodic tenancies (month-to-month) and fixed-term tenancies (with a specific end date), tenants are generally required to provide one month’s notice to end their lease agreement.
- The notice should be given in writing and clearly state the intended termination date.
Notice Period for Landlords:
- The notice period for landlords varies based on the reason for termination.
- If a landlord intends to sell the property, they must provide 90 days’ notice to the tenant.
- If the landlord or a family member intends to move into the rental unit, they must provide 90 days’ notice.
- In cases of substantial renovations or repairs that require the unit to be vacant, the landlord must provide 365 days’ notice.
- For tenant misconduct or breach of lease, the landlord can provide 14 days’ notice for eviction.
Special Circumstances:
- The Alberta Residential Tenancies Act also provides provisions for circumstances such as domestic violence. In these cases, tenants are allowed to end the lease immediately by providing notice and relevant documentation to the landlord.
Notice Periods for Ending a Lease in Alberta
| Notice Type | Tenant | Landlord |
|---|---|---|
| Periodic Tenancy | 1 month’s notice | |
| Fixed-Term Tenancy | 1 month’s notice | |
| Selling Property | 90 days’ notice | |
| Landlord/Family Move-in | 90 days’ notice | |
| Substantial Renovations/Repairs | 365 days’ notice | |
| Tenant Misconduct/Eviction | 14 days’ notice |
Domestic Abuse Exception
In Alberta, residential tenancy laws include provisions to protect individuals who are victims of domestic abuse.
If a tenant is experiencing domestic violence, there are specific measures in place that allow them to break a lease without penalty. The purpose of this exception is to ensure the safety and well-being of tenants who are facing abusive situations within their homes.
Section Reference: Section 47.4 of the Residential Tenancies Act
Qualification Criteria
Tenants seeking to terminate their tenancy due to domestic abuse must meet certain qualification criteria defined by the law.
To qualify for this exception, tenants must provide the landlord with a statement confirming domestic violence. This statement should include specific information regarding the domestic violence incident, as well as the date on which the tenant intends to vacate the premises.
Form of the Statement: The law also outlines that the statement confirming domestic violence can be provided by various individuals, including police officers, medical professionals, social workers, or counselors, who have knowledge of the tenant’s situation.
Notice Period
One important aspect of the domestic abuse exception is the abbreviated notice period.
Tenants who qualify for this exception are entitled to a shorter notice period compared to regular termination notices. They are required to give the landlord a notice of intention to vacate the premises at least 28 days before the intended date of termination.
Confidentiality
It’s important to note that information provided by the tenant regarding domestic violence is treated confidentially.
Landlords are prohibited from disclosing this information to anyone without the tenant’s written consent, except when required by law.
Tenant’s Safety
The domestic abuse exception acknowledges the sensitive and urgent nature of situations involving domestic violence. By providing a shorter notice period, tenants are given the opportunity to quickly and safely exit a potentially dangerous situation.
This exception helps ensure that victims of domestic abuse can exercise their right to secure housing without fear of retribution or financial penalties.
Note: It’s recommended that tenants seeking to use the domestic abuse exception consult legal professionals, victim services organizations, or other appropriate resources to ensure they are aware of their rights and the steps to take.
In Summary
- The length of notice to end a lease in Alberta depends on the circumstances and who is doing it.
- In most cases, a tenant must give a month and a landlord must give 90 days.
- There are exceptions for special circumstances such as domestic violence situations
