Sooner or later, some tenants reach a point where they decide to move. This may be due to work, family, changing circumstances, or simply a desire to live somewhere else. When this happens, it is important to notify your landlord about the move correctly. Incorrect notification could result in you losing your deposit, incurring additional costs, or even breaking the law.
In Edmonton and throughout Alberta, there is a clear legal procedure for notifying your landlord of your move. This procedure is established by the Residential Tenancies Act and is designed to protect both tenants and landlords. It is very important to understand these requirements before you decide to move out.
This article explains how to properly notify your landlord of your move in Edmonton, what the legal requirements are, how to prepare for your move, and what steps you need to take before you vacate the premises.
Understanding Alberta's legal requirements for giving notice of moving out
Before you write your move-out letter, it is important to understand that Alberta has very specific requirements for how this must be done. The law distinguishes between different types of leases and sets different notice periods for each type.
Types of leases in Alberta
Leases in Alberta are divided into several types, and the length of time you must give your landlord to move out depends on what type of lease you have.
Fixed Term Tenancy is a lease for a specific period of time, such as one year. The lease automatically ends on the specified date without the need to give notice. If you have a one-year lease that ends on July 31, you do not need to provide any written notice to end it. The property will simply become vacant on that date. However, if you want to stay but the landlord does not want to continue, you both need to agree to extend the contract.
Monthly Tenancy is a contract that is automatically renewed each month. If you have this type of agreement, you must give your landlord one full calendar month's notice before you move out. This means that if you want to move out on July 31, you must give your landlord notice by July 1 at the latest. You cannot give notice on July 15 and move out on July 31. The law requires a full calendar month.
Weekly Tenancy is a lease that renews every week. This type of lease requires one full calendar week's notice. If you want to move out on a specific date, you must give your landlord one week's notice before that date.
**A yearly tenancy agreement is an agreement that renews annually. This type of agreement requires 60 days' notice before the end of the rental year to be effective at the end of the rental year. If you do not give notice on time, you must wait 60 days from the date you gave notice.
What is a “full calendar month”?
This is important to understand. A “full calendar month” is not 30 days. It means that the notice must cover three full calendar months. For example, if you give notice on January 15 that you are moving out, you must wait until April 30 to move out. If you give notice on January 1, you can move out on February 28 (or 29), depending on the year. Example: If you have a monthly lease that starts on the 1st of each month and ends on the last day of the month, you must give notice no later than September 1 to move out on September 30. If you give notice on September 2, you cannot move out on September 30. Instead, you will have to wait until October 31.
Form and content of the move-out notice
Alberta law sets out very specific requirements for how a move-out notice should look and what it should contain.
Notice must be in writing
Verbal notice is not valid. You cannot simply tell your landlord that you are moving out. You MUST provide written notice. This can be an email, a letter, or a hand-delivered note, but it MUST be in writing. The law does not recognize verbal notices as valid.
Email, however, can be tricky. Under Alberta law, email is considered a valid form of notice ONLY if you and your landlord have agreed in advance that email will be acceptable. If you simply send an email without prior permission, it may not be considered valid notice. The best way is to deliver the notice in person or send it by certified mail. If you deliver it in person, ask your landlord to sign a copy of the letter so that you have proof that you provided the notice. If you send it by mail, keep the delivery receipt.
What the notice must contain
Under Alberta law, a move-out notice must include:
- The address of the place you are leaving (full address, including house number, street, city, and postal code)
- The date you are moving out (the final date you will leave the place)
- The tenant's signature (first and last name)
The law also requires you to take a few additional things into account. If you know your new address, including it in the notice will help your landlord send you your deposit and other documents. If you have a co-tenant (e.g., spouse or roommate), ALL tenants must sign the notice. This is important for the notice to be valid.
On top of these mandatory requirements, it is good practice to include some additional information that may be useful. For example, you can include:
- The reason for moving (optional, but may be useful)
- The date you are giving notice
- The date when the landlord should conduct the final inspection
- How you plan to return the keys
- How you plan to transfer utilities
Example of a move-out notice
Here is what a move-out notice might look like:
Dear [landlord's name],
I am writing to notify you of my intention to vacate the premises located at [address of premises] on [moving date].
This written notice should give you one full calendar month to find a new tenant and prepare for the final inspection.
I will ensure that the premises are clean by my move-out date. I request that you conduct the final inspection on [proposed date]. I will return all keys by [specified date].
My new address for correspondence and deposit refund is: [new address].
Please confirm receipt of this notice.
Sincerely, [Your name] [Your signature] [Date]
When to give notice
The timing of giving notice is very important. As I mentioned, the law sets specific requirements for the timing of notice for different types of leases.
For monthly contracts
If you have a monthly lease, notice must be given on or BEFORE the first day of the month in which you want to move out. If you want to move out in July, notice must be given no later than July 1. If you give notice on July 2, you must stay until the end of August.
For annual contracts
If you have an annual lease, notice must be given 60 days before the end of the lease year. If your contract ends on December 30, notice must be given no later than November 1.
For fixed-term leases
If you have a fixed-term lease, you don't need to give notice. The lease just ends on the date it says. But it's a good idea to let your landlord know a few months before the lease ends so you both have time to get ready.
Late notice
What happens if you give notice later? For example, what if you give notice to move in August but want to move out in July?
Under Alberta law, if you give “late notice” (notice that is given later than required), you must stay twice as long. For a monthly lease, this means that instead of moving out at the end of July, you won't be able to move out until the end of August. Your landlord will have the right to keep you for that extra month, and you will have to pay rent for that period.
How to give notice to your landlord
It is very important to give notice in the correct manner. If you give notice in the wrong way, your landlord may claim that they did not receive the notice, and you will have no proof.
Ways to give notice
Under Alberta law, notice must be given in one of the following ways:
In person — You can deliver the notice in person to the landlord or another authorized person (such as the building manager). If you deliver it in person, ask the person receiving the notice to sign your copy of the letter. This gives you proof that you delivered the notice.
Registered mail — You can send the notice by registered mail to the address provided by the landlord. Be sure to keep the delivery receipt. This gives you proof that you sent the notice.
Email — as I said earlier, email is ONLY valid if you and the landlord have agreed in advance that it is an acceptable form of communication. If you are sure that it is acceptable, be sure to ask the landlord for confirmation of receipt.
To the address specified in the contract or land documents — if the landlord has specified an address for receiving legal documents in the lease agreement, you can send the notice there. Make sure you send it by registered mail and keep the receipt.
What to avoid
Do not send the notice by regular mail without registered mail. The landlord may claim that they did not receive the letter.
Do not leave the notice in the landlord's mailbox without having it signed. They may claim that they did not know it was an official notice.
Do not send the notice by text message or other informal channels unless you are sure that the landlord has agreed to receive notices in this way.
Preparing to move out
Once you have given notice to move out, you need to start preparing for the move itself and for returning the premises to the landlord in good condition.
Planning the clean-up
Under Alberta law, you are required to leave the premises in a clean condition. This means you must remove all your belongings and wash the walls, windows, floors, and everything else. If you do not clean the premises, your landlord may withhold your cleaning deposit. The cost of cleaning by a professional company in Edmonton can range from $500 to $1,500, depending on the size of the premises.
It is a good idea to start cleaning a few weeks before your move-out date. This way, you won't be left with a lot of work on the last day. You can also hire a professional cleaning company, but make sure they are familiar with the requirements for moving in Alberta.
Documenting damage
Before you leave, it is important to document any pre-existing damage to the premises. If you do not document it, the landlord may claim that you caused it and you will have to pay for the repairs.
Take photos and videos of all damage that was already in the property. Compare them with the photos you took when you moved in. If your landlord did an inspection when you moved in, they should have a note about the pre-existing damage. Make sure you have a copy of this note.
Transferring utilities
Before you move out, make sure you transfer your utilities to your new address. This includes electricity, gas, water, internet, and any other services you pay for. Call your providers a few weeks before your move date. Get your last meter readings and make sure you know how to determine the final bill.
Returning keys and other items
Make sure you know where and when to return the keys to the landlord. If you lose the keys, the landlord may withhold your deposit to replace the locks. If you have other items belonging to the landlord (such as a garage remote control, access card, etc.), make sure you return them.
Final inspection
Before you finally move out, the landlord will have the right to conduct a final inspection of the property. This is very important for your deposit.
How to request a final inspection
When you give notice to move out, ask your landlord to conduct a final inspection. Suggest a few dates and times that work for you. It is good practice to request the inspection a day or two before your actual move-out date. This gives you time to fix any problems if the landlord finds them.
What to expect during the inspection
During the inspection, the landlord (or building manager) will walk through the property with you and document any damage. They will look at the walls, floors, ceilings, appliances, bathroom, kitchen, and everything else. They will compare the property with the photos taken when you moved in and with the move-in inspection.
It is important that you are present during the inspection. This gives you the opportunity to discuss any discrepancies. If the landlord says that something is damaged, you can explain that it was already there when you moved in.
Documenting the results of the inspection
Ask for a copy of the inspection report. This report will be used to determine how much of your deposit will be returned to you. Read the report carefully and make sure all the items are accurate. If you disagree with anything, now is the time to discuss it.
Getting your deposit back
Finally, one of the most important aspects of moving is getting your deposit back.
Deposit refund deadlines
Under Alberta law, your landlord must return your deposit within a certain time after you move out. The exact time period depends on whether your landlord is withholding part of the deposit for damages. If there is no damage, the deposit must be returned within 10 days. If the landlord keeps part of the deposit, they must send you documentation explaining what they have deducted within 30 days.
What the landlord can deduct
The landlord CANNOT deduct the deposit for normal wear and tear. For example, if the paint chips over time, that is normal wear and tear and not your fault. The landlord CAN keep the deposit for:
- Damage caused by you (not normal wear and tear)
- Uncleaned premises
- Lost keys
- Unpaid rent or utilities
What to do if your deposit is not returned
If your landlord has not returned your deposit or has kept more than I consider fair, you can file a complaint with the Resolution Dispute Service (RTDRS]]). The service may order the landlord to return the funds.
Important tips for a successful move
Document everything. Take photos of the property before, during, and after the move. Keep records of all communications with the landlord.
Give notice in a timely manner. Don't wait until the last minute. Give notice as soon as you know you are moving out.
Leave the premises in a clean condition. This is very important for getting your deposit back. If necessary, hire a professional cleaning company.
Be present during the final inspection. This gives you the opportunity to protect your rights.
Conclusion
Notifying your landlord of your move is an important task that must be done correctly. Under Alberta law, you must provide written notice within a specified time frame, depending on the type of lease agreement. The notice must be delivered in the correct manner and must contain the required information. If you do not give notice correctly, you may find yourself in a difficult situation.
Follow the instructions in this article, document everything, and prepare for your move in advance. This will ensure that your move goes smoothly and that you get your deposit back.