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For other periodic tenancies, the landlord must give the tenant correct notice per the Residential Tenancies Act. The notice is then effective on the last day of the third month. If the corporation will use the deposit, the owner must receive an estimate within 20 days and then any money left over and a final statement must be given to the owner within 60 days after receiving the estimate. The Residential Tenancies Act also permits a tenant to apply to the Court or the RTDRS for an immediate termination of a periodic tenancy in the case of a substantial breach by the landlord. If the landlord and tenant cannot work things out, then they should call the Landlord and Tenant Advisory Board for help though this is not a requirement. For weekly tenancies the landlord must give at least 12 weeks notice in writing, with at least 26 weeks between increases. Whether both parties can find and maintain another place to live; The needs of any children living in the home; The financial position of each partner; Any existing Court orders regarding property or financial support for one or both of the partners; Any conditions of a lease involving the primary home, if applicable. When a tenant sublets his or her premises, he or she becomes the landlord of the sub-tenant. For example, if the tenant moves out and leaves a television on which the tenant still owes money, then the person who sold the tenant the television can go to the landlord and get the television back. At the end of the agreed length of time, the tenancy ends. The corporation must serve any notices or orders on the landlord. Abiding by the Agreement If a tenant does not live up to the obligations that he or she has agreed to under the tenancy agreement, then the landlord will be able to take legal action. Judges look seriously at previous judicial decisions to inform their own decisions on similar subject matter.
Normal wear and tear is defined in the Residential Tenancies Act as the deterioration that occurs over time with the use of the premises even though the premises receive reasonable care and maintenance. This might mean that the overholding tenant would have to pay the landlord any money that the landlord owes to a new tenant who could not move into the premises because the old tenant did not move out. Judges look seriously at previous judicial decisions to inform their own decisions on similar subject matter. If the tenant has been given a 24 hours notice and does not leave after 24 hours are over, then the landlord can apply to Court or the RTDRS to have the tenant removed. Honouring a Tenancy for Fixed Terms Once the landlord has accepted rent for a fixed tenancy, the landlord must allow the tenant to remain in the premises for the period set out in the tenancy agreement, or seek a remedy through the Court or the RTDRS. The health authority will investigate the situation and will then either request that the landlord make repairs or will take the landlord to court. For example, scratches on the kitchen work surfaces would probably be considered normal wear and tear, whereas a large hole in the wall would not. Some tenancy agreements do not allow this, and may state that all of the people who live as tenant must be listed on the agreement. A penalty clause is not legitimate if it is does not bear any relation to the actual losses, but is merely a threat designed to frighten the tenant into timely payment of rent. The court must find that the breach is of such significance that the tenancy must be terminated. Once a landlord receives a notice of objection, he or she cannot force the tenant to move without the assistance of the Court or the RTDRS. For weekly tenancies the landlord must give at least 12 weeks notice in writing, with at least 26 weeks between increases. See the section on Remedies below The tenant may make a complaint to a health authority Capital Health in Edmonton. The tenancy continues until either the landlord or tenant gives proper notice to end it. Time Limits Where the tenant has not substantially breached the tenancy and there has not been an assault or damage caused to persons or property, then the landlord must give the tenant enough time to move out of the premises. The landlord may ask the tenant to fill out an application and supply references before agreeing to rent the premises. If the parties cannot settle this way there are 4 options for dispute resolution: However, if the tenant pays his rent late every month, the Court may consider this to be a substantial breach of the tenancy agreement. These penalties are not covered in the RTA, but are found at common law. This is the only situation where a tenant may lawfully withhold payment of rent. The landlord cannot ask the tenant to pay money before he or she will consent to the sublease. If the landlord and tenant cannot work things out, then they should call the Landlord and Tenant Advisory Board for help though this is not a requirement. The percentage of interest that the landlord must pay the tenant is set out in the Security Deposit Interest Rate Regulations that accompany the Residential Tenancies Act. The rest of the agreement, however, is still valid and binding. Recovery of Security Deposit A tenant may take action in court to get back his or her security deposit from the landlord. A limitation period is the amount of time a person has to bring a legal problem to court.
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