I've been good. Can my landlord make me move?

AuthorJohannson, Rochelle

Can a landlord end a tenancy when the tenant has not done anything wrong? It depends. We're going to look at some different factors that come into answering this question. Just so we're all on the same page, today we're talking about periodic tenancies, which are the kinds of tenancies that continue on indefinitely until either the landlord or the tenant give notice to end. The most common form of periodic tenancy is a month-to-month tenancy. There are no end dates in periodic tenancies.

If a tenant receives a termination notice from the landlord, what should they do next? First, the tenant should look at the reason for the notice. Is the landlord giving the notice because the tenant has breached the agreement? For example, is the notice because the tenant hasn't paid the rent? If the landlord's reason is because the tenant has done something wrong, then it is an eviction notice. Our article What should you do if you get an eviction notice? provides for more information about this

If the reason in the notice is not about the tenant having done something wrong, then the tenant should answer two different questions to find out if the termination is legal.

  1. Does the law say that the landlord can end the tenancy for the reason stated in the notice?

  2. If yes, then has the landlord provided enough notice?

Does the law say that the landlord can end the tenancy for the reason stated in the notice?

Each province has its own law which states the reasons that a landlord is allowed to terminate a periodic tenancy. Here's a chart that shows the reasons that are allowed in Alberta.

Landlord Ends the Lease

If you haven't done anything wrong, then your landlord can only give you notice to end a periodic tenancy if the property is ...

Going to be completely renovated

Going to be turned into a condominium

Going to be lived in by the landlord, or a relative of the landlord

Sold and the purchaser, or a relative of the purchaser, is going to move in

Sold and the purchaser requests that the tenancy be ended. If the property is a detached or semi-detached dwelling or a condo unit

Going to be demolished

Going to be used for a non-residential purpose

Operated by an educational institution and the tenant will not be a student anymore on the termination date

The reason for termination is legal, but has the landlord provided enough notice?

There are requirements about how long the landlord has to provide the tenant to move out. The landlord must provide the full...

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