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The law in Alberta does not control how much rent can be charged for any particular property. The law does control how often rent can be increased. 3 i$ c. t7 y4 D
$ h" q8 P o. t9 \0 ]( jIn a fixed term tenancy, the rent can only be increased if the tenancy agreement allows for that to happen.
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3 ^7 D5 \- r$ D7 v! {In a periodic tenancy, rent can be increased at certain time intervals, depending on the time between rent payments. For example, in a monthly tenancy, rent cannot be increased unless six tenancy months have passed since the last increase. A tenancy month is the period between rent payments. 4 @* w2 K4 X t# t8 q- r
5 x( f+ `' L7 K P3 f7 O: lBefore rent can be increased, a landlord must give the required amount of notice to a tenant. For example, in a monthly tenancy, at least three tenancy months' written notice must be given before the date when the increase will take effect. The tenant can then decide whether to accept the new rental amount.
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As a tenant you have a choice to accept a rent increase or not. If you decide not to pay the increased rent, you will have to give notice to leave the property. Of course there is the possibility of negotiating a different increase with the landlord.2 Y* p, B( v4 ]4 o+ n3 s2 b
If you decide that the increase in rent is too much you must tell the landlord before the date when the increase is going to take effect. Any notice of termination of the tenancy must be given to the landlord before the date when the increase is going to take effect. The termination notice period that you must give would be in accordance with the kind of periodic tenancy you have. For example, a monthly periodic tenancy requires a notice period of a tenancy month.
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At the end of the notice period, you will have to leave the premises unless a new agreement has been reached with the landlord.
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If you do not give a notice of termination of the tenancy before the date when the increase is going to take effect, the law implies that you have accepted the increase.
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* j m5 Y* h3 o1 RFor example, if you have a monthly tenancy and your landlord gives you notice on December 31st that your rent will increase as of April 1st, you must give notice that you are terminating the tenancy by March 1st. If you remain in the premises without notifying your landlord that you do not accept the increase, you will be deemed to have accepted it. If you remain in the premises and the increase is not paid, a landlord would be within his rights to take legal action to recover the extra rent and to serve you with a notice of eviction for non-payment of rent. |
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