Canadian Legal FAQs

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My tenant has given proper notice to vacate and I want to show the property as often as possible. I have been giving the tenant 24-hour notices, for 9 a.m. to 8 p.m. entry, every morning. The tenant is complaining that the daily notice is unreasonable. Do I have the right to do that?

The Residential Tenancies Act permits you to enter the property to show to prospective tenants as long as you give 24-hours notice. You can give notice to enter between 8 a.m. and 8 p.m. However, the Act is unclear and is open to the interpretation that you can only serve a valid notice if you do, indeed, have a "prospective tenant" at the time you serve the notice.

I have a fixed-term tenancy agreement. I would like my tenant to stay but I have to increase the rent at the end of the term. How much notice do I have to give?

If you and the tenant want to continue the tenancy, you can increase the rent in one of two ways. You can wait until the current fixed-term tenancy has ended and then enter into a new fixed-term agreement. Your new agreement can reflect an increase in rent if both you and the tenant agree to the increase. In this situation, you do not have to give any notice of rent increase; it will be a subject of negotiation between the tenant and yourself in discussing the terms of the new agreement.

If you do not make a new fixed-term agreement and the tenant simply stays in the rented property paying rent, the tenancy will become a periodic tenancy. If the previous term was for more than one month, the tenancy will become a monthly periodic tenancy. If the previous term was for less than one month, the periodic tenancy will be weekly. In the situation where the tenancy becomes periodic, you then have to follow the rules regarding increasing rent in a periodic tenancy. The rules require that notice in the proper form must be given to increase the rent. Notice is twelve tenancy weeks in a weekly tenancy and three tenancy months in a monthly tenancy.

I have given a 14-day notice to a tenant. If the 14th day falls on a holiday, does the tenant still have to be out that day or does the tenant get an extra day?

If a statute requires that something be done by a certain date and that date falls on a holiday, Alberta law states that the date is then moved to the next day after the holiday. Therefore, in this situation, the 14th day would be the day after the holiday.

I am a resident manager living on site in an apartment building. My rent is deducted from my pay. My employers want to raise my rent. What notice do they have to give me, and can they make the increase retroactive?

Even though you are an employee-manager, you have the same rights as all other tenants with regard to rent increases. If you have a fixed-term tenancy, your rent can only be increased if your tenancy agreement allows for that to happen. If you have a periodic tenancy, you must be given the required number of weeks or months notice of an increase. For example, if you have a monthly tenancy you must be given at least three tenancy months written notice.

No rent increase can be retroactive and rent cannot be increased more often than is permitted by the Residential Tenancies Act. For example, in a monthly tenancy, rent cannot be increased unless six tenancy months have passed since the last increase.

There might also be employment law issues for you to explore if your net pay is being reduced.

See Also

This page was last updated in March, 2006.


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