What are the rules for terminating a lease agreement in Alberta?

Termination of a lease agreement in Alberta is governed by the Residential Tenancies Act (RTA) and depends on the type of agreement and the reasons for termination. A proper understanding of these rules is important for both the tenant and the landlord: violations can lead to legal consequences and financial losses.

Types of lease agreements in Alberta

Fixed Term Tenancy

  • Fixed start and end dates.
  • Most often for a period of one year.
  • Automatically renews at the end of the term without additional notice.

Periodic Tenancy

  • No fixed end date.
  • Common types:
  • Week-to-week
  • Month-to-month
  • Year-to-year
  • May be terminated by either party subject to notice.

Termination by the tenant

Periodic tenancy agreements

  • Weekly: minimum 1 week's written notice.
  • Monthly: minimum 1 month (notify from the first day of the month or earlier).
  • Yearly: at least 60 days before the end of the rental year.

Notice requirements:

  • Written form, signed by the tenant
  • Address of the premises and date of the last day of the lease
  • Delivered in person or by registered mail

Fixed-term contracts

  • The tenant cannot terminate unilaterally unless there are legal grounds or an agreement with the landlord.
  • Options:
  • Mutual agreement (in writing)
  • Sublease/transfer of contract (with the landlord's permission)

Termination by the landlord

Periodic contracts — legal grounds

  • Personal use (landlord or their family)
  • Sale of the property (the buyer or their family wants to live there)
  • Demolition/major renovation
  • Conversion to a condominium
  • Conversion to non-residential use

Notice periods:

  • Weekly: 1 week
  • Monthly: 3 months
  • Annual: 90 days before the end of the rental year
  • Major repairs: 365 days

Material breach by the tenant

What this is:

  • Non-payment of rent
  • Illegal activity
  • Creating a danger to others
  • Significant damage to the property
  • Refusal to vacate after the end of the lease

Notice:

  • 14 days' written notice stating the reason, address, date of termination, and signature
  • For significant damage or violence — 24 hours
  • In case of unauthorized occupancy — 48 hours

Non-payment of rent

  • The landlord issues a special 14-day notice stating the amount owed, additional charges, payment methods, and the termination date.
  • The tenant can avoid termination by paying all outstanding rent within 14 days.

Tenant's right to object

  • The tenant has the right to submit a written objection to the termination notice within 14 days.
  • The dispute is settled by RTDRS or a court.
  • The landlord may submit an objection within 7 days if the tenant requests termination due to non-compliance with housing standards.

Subletting and transfer of the contract

  • Both options require the written consent of the landlord, who has 14 days to respond.
  • No response = consent by default.
  • Transfer of the contract releases the original tenant from their obligations once a new tenant has been appointed.

Special circumstances for termination

Domestic violence

  • The tenant (or a member of their family) may terminate the contract early if their safety is at risk.
  • A special certificate (Certificate Confirming Grounds to Terminate Tenancy) must be obtained, and the landlord must be given at least 28 days' written notice and the certificate.

Breach of minimum housing standards

  • If the landlord fails to respond to the inspector's order, the tenant may terminate the contract early.

Financial aspects

  • Deposit refund: within 10 days after moving out; deductions may be made for unpaid rent, significant damage, cleaning, and unreturned keys.
  • Interest on the deposit: charged annually (unless otherwise agreed in writing).
  • Mitigation obligation: in the event of early termination, the landlord is obliged to try to find a new tenant.

Inspections upon arrival and departure

  • Mandatory upon arrival and departure, must take place within one week before/after the event.
  • If not carried out, the landlord has no right to withhold part of the deposit for damage or cleaning.

Dispute resolution: RTDRS

  • Residential Tenancy Dispute Resolution Service — out-of-court dispute resolution (faster, cheaper, less formal than court).
  • Claim limit — $100,000.
  • Applications can be submitted online or in person.

Alternatives: Alberta Court of Justice, Court of King's Bench (complex cases).

Dispute prevention

  • Open communication between the parties is important.
  • Document all meetings, payments, important conversations, photos of the condition of the premises, inspection letters.

Rent increase restrictions

  • Rent may be increased no more than once a year.

  • Written notice is required for rent increases:

  • monthly lease — 3 months,

  • weekly lease — 12 weeks,

  • other lease terms — 90 days.

  • The amount of the increase is not limited by law.

Obligations of the parties

Tenant:

  • Timely payment
  • Respectful treatment of others
  • No illegal activities/dangers
  • Maintaining the cleanliness and integrity of the property
  • Moving out on time

**Landlord:

  • Providing the property on time
  • Prompt contact information (7 days)
  • No interference with peace and quiet
  • Compliance with housing requirements

Condominium rentals

Tenants are additionally subject to the rules of the condominium corporation, but these rules cannot conflict with the RTA.

Conclusions

Terminating a lease in Alberta is a clearly regulated process with set deadlines, procedures, and special conditions. Tips:

  • For tenants:

  • Always use written notice.

  • Consider the possibility of subletting.

  • Keep all documents and correspondence.

  • Find legal grounds for early termination.

  • Landlords:

  • Follow deadlines and formal procedures.

  • Conduct mandatory inspections.

  • Pay/charge interest on the security deposit.

  • Document all violations to justify your actions.

  • For both parties:

  • Maintain direct dialogue.

  • Use RTDRS for peaceful dispute resolution.

  • Consult with lawyers in complex cases.

Compliance with the RTA is the key to fair relations and minimising legal risks for both parties.