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Notice of Termination

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Frequently Asked Questions

What is a Lease Notice?A lease notice is how the landlord gives notice to the tenant on such matters like breaches in the terms of the lease or demanding some form of remedy. However, it can also be used for something simple such as providing a notice the party intends to end the lease.

Example of lease notices are: Notice to Quit, Notice to Pay Rent or Quit, Notice of Lease Violation, and Notice of Termination,
What is an Eviction Notice?An eviction notice is how a landlord gives notice to a tenant to vacate a certain property.

Examples of eviction notices would be Notice to Quit, Notice to Pay or Quit, Notice of Termination, Notice of Lease Violation, Demand for Compliance and Demand for Possession.
What type of property can these notices be used for?These eviction and lease notices are intended for use with residential property such as houses, apartments, condos, etc.What is a Notice to Quit?A Notice to Quit is used where a tenant has:

a. failed to pay their rent within the required time after it was due
b. caused serious damage to premises
c. committed violence or threats to health, safety of property and other tenants
d. illegal activities on Premises such as drugs or prostitution
What is a Notice of Lease Violation?A Notice of Lease Violation is used where a tenant has failed to comply with the landlord's rules or breached a term of the lease. The landlord is giving the tenant notice to remedy the violation within the notice period. The landlord may choose to terminate the lease if the violation is not remedied OR to remedy the violation itself at the tenant's expense.What is a Notice to Pay Rent?A Notice to Pay Rent is used where a tenant has failed to pay the rent when it was due.What is a Notice of Termination?A Notice of Termination is used where the landlord wishes to terminate a periodic tenancy (e.g. month to month Lease) or the lease requires advance notice to terminate (e.g. fixed term lease).What is a Demand for Compliance or Possession?Demand for Possession can be used where a tenant has been previously given a Notice of Lease Violation or Notice to Quit (for non-payment of rent) and where the landlord has not yet terminated the lease.What is a Notice of Rent Increase?Notice of Rent Increase is used where a Landlord wishes to increase the rent charged on the Premises.


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Use our Termination by Tenant instead.


Your Notice of Termination

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NOTICE OF TERMINATION BY LANDLORD

NOTICE TO: _____________________, TENANT in possession and all others:

Address of Premises: ________________________________________

TAKE NOTICE THAT:

  1. Pursuant to a written lease (the "Lease") dated October 23, 2019, you are a tenant for the premises described as: ________________________________________ (the "Premises"), of which you now hold possession.
  2. Your Lease creates a weekly tenancy.
  3. Your Lease or the applicable laws of  the Province of Alberta requires that you be given at least _________________ advance notice prior to the termination of your Lease or tenancy.  This Notice of Termination serves as notification of the Landlord's intention to terminate your Lease.
  4. Pursuant to your Lease and the said laws, you are hereby given notice that the Landlord is exercising its right to terminate your Lease effective on the 23rd day of October, 2019 and you are required to vacate the Premises on or before 12 noon on this date.
  5. All terms and obligations in the Lease, including, but not limited to, the obligation to pay rent, remain in effect until the latter of the 23rd day of October, 2019 and when you have returned possession of the Premises to the Landlord or its agent.

Issued on: _______ day of _______________, 20____

___________________________________
Landlord's Name:_____________________

__________________________________
Contact Address


PROOF OF SERVICE

I, the undersigned, MAKE OATH AND SAY THAT:

  1. I am at least 18 years of age.
  2. I served a true copy of this Notice of Termination, on _____________________ (the Tenant") as follows:

[   ] On _______________ ____, 20___  I personally handed this Notice of Termination to _____________________, the Tenant.


[   ] On _______________ ____, 20___  I personally handed this Notice of Termination to ___________________, one of the Tenant's agents.


[   ] On _______________ ____, 20___  I sent by   [    ] first class   [   ] certified   [   ] registered  mail a true copy of this Notice of Termination to the Tenant's address for service provided in the Lease.  Certified/Registered item # _________________________.


[   ] On___________________________________________________________________________

_____________________________________________________________________________

SWORN/AFFIRMED BEFORE ME at (city) ____________________________, Sel, on the ________ day of ________________, ________



Signature _____________________________ (Seal)
A COMMISSIONER FOR OATHS IN AND FOR THE PROVINCE OF
My Commission expires: ______________________
   

_______________________________

(Signature)


Landlord
       

Landlord Eviction and Lease Notices

Alternate Names:

An Eviction Notice or Lease Notice is also called a:

  • Landlord Notice
  • Notice of Termination
  • Notice to Vacate
  • Notice to Pay Rent or Quit
  • Notice to Quit

What is a Lease Notice?

A Lease Notice is a formal, written announcement or warning to a tenant regarding breaches of or changes in the terms of a Residential Lease Agreement.

A Lease Notice can specify whether or not the tenant's lease is terminated if the tenant does not correct the violation within a reasonable time frame. It can also be used to notify the tenant of a rent increase, or that the tenancy is ending and the lease will not be renewed.

What are the different types of Lease Notices?

Lease Notices can be used as reminders for tenants to comply with lease terms, or as eviction warnings for tenants who fail to remedy the following situations:

  • Rent is overdue: A Notice to Pay Rent is used when a tenant fails to pay rent on time. It gives the tenant a time frame in which to pay rent, or else the landlord may require the tenant to quit (leave) the premises.
  • Lease is violated: A Notice of Lease Violation is used when a tenant fails to comply with lease terms (e.g. smoking, having unauthorized pets, housing a long-term guest who appears to be taking up residence, etc.). If the tenant doesn't remedy the violation, the landlord may terminate the Lease Agreement.

The following Lease Notices can be used as general notifications to a tenant regarding their lease:

  • Lease will not be renewed: A Notice of Termination is used when a landlord wants to end a tenancy by providing notice. Notice periods may vary depending on the type of lease and governing law in your jurisdiction.
  • Rent will increase: A Notice of Rent Increase is used when a landlord wants to raise the amount of rent the tenant pays to reside in the unit. As notice periods can vary depending on the type of lease and the governing law in your province, it is important to note that this may affect how soon a landlord can increase rent.

What is an Eviction Notice?

An Eviction Notice is a formal, written statement that a landlord or property manager uses to terminate a Lease Agreement and inform a tenant to vacate the premises. It is often the first step in the eviction process.

What are the different types of Eviction Notices?

Landlords may evict tenants for various reasons, although the validity of these reasons can vary between jurisdictions. You can consult with your local landlord and tenant board to see if your reason for evicting a tenant is legally valid.

LawDepot provides notice forms for common eviction causes such as:

  • Unpaid rent
  • Substantial damage to the property
  • Violence or threats
  • Illegal activities on the premises

What are the rules for eviction?

During the eviction process, a landlord must abide by the laws of the province or territory in which the property is located. These laws exist to protect both landlord and tenant rights and can vary by jurisdiction. Generally, the eviction process takes place in the following order and abides by these rules:

  • A landlord gives a tenant an Eviction Notice within the appropriate time frame (this can change depending on the type of lease, the reason for eviction, and the jurisdiction in which the rental property is located).
  • The tenant may have the opportunity to address the problem or vacate the property.
  • If the tenant does not leave, the landlord can apply for an eviction order from their local landlord and tenant board. The board will set a date for a hearing or, in some provinces, will send a neutral third party to act as a mediator and help the landlord and tenant reconcile. If reconciliation is impossible, a hearing is scheduled.
  • The landlord is required to inform the tenant about the eviction order application and if or when there will be a court hearing. Some landlord and tenant agencies require the landlord to prove the tenant was served this information with an Affidavit or another similar form.
  • The landlord and tenant attend the hearing and present their case to the landlord and tenant tribunal or arbitrator, who then makes a decision to proceed with the eviction or not.
  • If the eviction is approved, an eviction order is issued and the tenant is required to vacate the premises by a certain date. If the tenant has not left by that time, the landlord can take steps (which can differ depending on jurisdiction) to have a sheriff or court bailiff escort the tenant out.
  • If the eviction is not approved, an order may be issued requiring the landlord to provide maintenance to the rental property, lower the rent, or accommodate the tenant in some other way.

It is illegal for a landlord to evict a tenant without following the aforementioned rules and processes.

For example, a landlord cannot change the locks, cut off utility services, or physically remove a tenant from the property. These methods are sometimes referred to as "self-help evictions," "constructive evictions," or "economic evictions," and can be considered harassment or assault. A landlord who illegally evicts a tenant may be held liable for damages done to the tenant during that time.

Related Documents:

  • Lease Amendment: makes changes to a lease while maintaining the integrity of the original agreement
  • Residential Rental Application: collects information from potential tenants of a residential rental property and is used by landlords for tenant screening
  • Rental Inspection Report: documents the physical condition of a rental property before a tenant moves in and after they move out
  • Residential Lease Agreement: outlines the terms and conditions of a residential tenancy
  • Tenant Notices: informs a landlord of a tenant’s requests or intentions regarding a rental property or lease agreement
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