Is it possible to terminate the lease agreement early?
Early termination of a lease is an issue that concerns many tenants in Calgary. Life circumstances can change, and sometimes you need to move out of your rental property before the end of the lease term. In this article, we will look at what rules apply in Calgary regarding the early termination of a lease, what conditions need to be met, and what rights and obligations the tenant and landlord have.
General provisions on the lease agreement in Calgary
In Calgary, residential leases are governed by the laws of the province of Alberta, in particular the Residential Tenancies Act (RTA). Typically, lease agreements are concluded for a fixed term (6 or 12 months), after which they can be renewed on a monthly basis. It is important to understand that a lease agreement is a legally binding document, and its early termination without the consent of the parties may have consequences.
When can a lease agreement be terminated early?
1. By agreement of the parties
The easiest and most common way is to agree with the landlord on early termination of the lease. If both parties agree, they can sign an agreement specifying the date of departure and the terms of termination.
2. Providing adequate notice
If the lease is for a fixed term, the tenant usually cannot simply terminate it earlier. However, upon expiration of the contract or in the case of a month-to-month lease, the tenant must provide the landlord with a written notice of termination:
- 28 days - for daily or weekly leases.
- 60 days** - for a fixed or monthly lease.
3. In case of valid reasons
There are circumstances when a tenant may terminate the lease early without penalty:
- If a tenant is a victim of domestic or sexual violence, they can give 28 days' notice using a special Landlord and Tenant Board form.
- If the landlord violates the terms of the contract or fails to fulfill its obligations (for example, fails to provide housing in proper condition), the tenant may apply to the Landlord and Tenant Board for early termination of the contract.
- In the case of force majeure (e.g., relocation for work, family reasons), the tenant may try to negotiate an early termination.
4. If the tenant violates the terms of the lease
The landlord has the right to initiate early termination of the agreement if the tenant:
- Does not pay the rent on time.
- Damages the property.
- Violates the rules of residence (noise, aggressive behavior).
The landlord must provide the tenant with a written notice in compliance with the terms and procedures established by law.
What to do if the landlord does not agree to early termination?
- Often a tenant can find a person who is willing to extend the lease on the same terms and conditions, and thus release themselves from obligations.
- Apply to the Landlord and Tenant Board.** If there are grounds (violation of the terms of the agreement by the landlord or good cause by the tenant), you can apply for early termination.
- Negotiate a compromise.** Sometimes the parties will negotiate a termination agreement with certain conditions, such as paying a fine or compensation.
Practical tips for tenants in Calgary
- Always give your landlord written notice.** Verbal agreements can be difficult to prove.
- Keep copies of all documents and correspondence.
- Read the lease carefully before signing,** pay attention to early termination terms.
- Plan ahead.** If you know you may have to leave early, start negotiating with the landlord as early as possible.
Conclusion
Early termination of a lease in Calgary is possible, but depends on the terms of the lease and the agreement between the tenant and the landlord. The safest way is to reach an agreement and sign the relevant agreement. If you cannot reach an agreement, you can use the legal mechanisms through the Landlord and Tenant Board, especially in cases of violations or good cause. It is important to remember that the law protects the rights of both tenants and landlords, so you should act responsibly and follow the established procedures.