I have a question on a lease I've being using. I got this from Rein for many years ago. I had a tenant who said they were staying, then decided to move out. The question is whether they needed to give notice. Here is the statement:

"This Agreement shall constitute a periodic tenancy and shall be for a primary term commencing at 12 o'clock noon on the first day of October 2014 and ending at 12 o'clock noon on the last day of September 2015 and for extended terms of one month each from month to month thereafter until terminated by either the Landlord or the Tenant in accordance with the provisions in clause 9 Termination."

Any help would be great.

Thanks

^ Basic periodic lease clause.

What does the written correspondence between yourself and the tenant state? We usually start resigning processes two months prior and follow that up with a letter summarizing our conversation then one month prior conduct a detailed suite inspection detailing any small repairs they need to complete to get their full DD back.

In July of this year I ran into a similar problem with a tenant. I had 3 written correspondences with him stating he planned to stay an additional month after the one year periodic lease end date. The initial term of his periodic lease ended June 30, 2015. We had written correspondences in June that he planned to stay until the end of July. He moved out June 30. With a periodic lease that goes month to month at initial period end, both tenant and landlord are entitled to 30 days of clear notice. So, if I was informed June 24 that he planned to move out on June 30th, he would still owe me rent until August 31, 2015. Similarly, the tenant has similar rights for notice from the landlord.

Sherlynn wrote a blurb on a fixed term lease recently that explains the difference: http://myreinspace.com/threads/benefits-of-fixed-term-tenancy-in-alberta.34040/#post-159138

It is pretty clear to me that the tenant does not have a fixed term lease. If you have written correspondences I think it is fair for you to rely on those statements.

In what province is this property? That could make a difference.

That lease term states it's a periodic lease but for an initial fixed term. That's a bit confusing, so there could be an argument either way. (My lease has a choice of either fixed-term or month-to-month from day one. There is no choice for a combination of the two. I mark an X on fixed-term and fill in the details.)

Remember, "a tie goes to the runner," meaning if there is any ambiguity in the contract, the tenant's argument will win.

Its for Alberta. Now that I'm really reading the term, it does seem a bit ambiguous.

To further explain the ambiguity:
If you have a fixed-term lease in Alberta and you do not renew to another fixed-term lease but the tenant remains, then the lease automatically converts to a periodic (month-to-month) lease. In effect, that is what the above term describes.

tenant is now on a month-to-month lease and has to give one month notice after Oct 1.

If not, and you have a one month or more vacancy, keep his security deposit, add cleaning charges and damages beyond normal wear & tear, if any, and send him a bill for the difference when he moves out. As to collectability, that of course is another story.

Thomas is correct the tenant would need to give a month's notice to move at this point. If the tenant moved at the end of September, he could argue that was the fixed-term portion of his lease and no notice was required.