Tenancies can end due to a variety of reasons including the end of the tenure mentioned in the agreement, disputes with the landlord or merely because of a switch to a permanent residence. And, moving out of this rented home or apartment can be a sizeable task. The one thing you would definitely want to avoid in this scenario is a liability payment or a legal action.
However, if this process of change of residency is not completed accurately after the submission of a reasonable notice, then you may be held liable for unwarranted costs or even litigation. Consulting real estate lawyers in Edmonton can be an effective way of avoiding these errors and mitigating any damages. Here’s a closer look at the legal aspects of exiting a residential real estate property:
Conditions Under Which you can Move Out
Although most tenants assume that they need to move out post the completion of the term mentioned in the residential lease, this is not essentially true. Tenancies in Alberta are regulated by the Residential Tenancies Act (RTA) and other provincial and municipal housing legislations including the Alberta Human Rights Act and the Public Health Act.
According to the RTA, a tenant can move out of the rental property if:
- You and your landlord agree to end the tenancy
- The property that houses your residence is being demolished or sold
- Your landlord is an educational institution and your tenure as a resident is equivalent to that of a student which is coming to an end.
There are several other reasons that allow you to end your tenancy and can be utilized as per the discretion of your landlord. A few additional things to keep in mind prior to moving out are:
1) Assess The Agreement
It may seem a little redundant. However, it is crucial to review your rental agreement thoroughly along with your real estate lawyers in Edmonton to ensure that you can end your tenancy amicably.
Evaluate the terms and the period of your tenancy and the provisions for its conclusion. Check the clauses regarding the assignment of a new tenant and the conditions associated with it. In the case of sale or re-renting of the same property, the landlord may need to access the space, prior to your exit, to introduce it to the new owners or renters.
2) Assess The Utilities
Review the agreement carefully to identify the terms associated with the use of utilities for your apartment or home. Make sure all your personal appliances and devices are detached prior to the exit. Evaluate the condition of the property before the beginning of your tenancy in comparison with the present state. In cases of substantial damage, you may need to reimburse the expenses to your landlord based on the terms of your tenancy.
3) Provide A Notice
This is a vital step that many renters skip. It is important to provide a written notice to your landlord prior to leaving the rented property. The notice should be inclusive of:
- The complete residential address
- The date of moving out
- The reason for exit
- The signatures of the renters
- Complete the rental payments
Post the evaluation of the expenses mentioned in your rental agreement, you need to pay rent for the period of time initiating from the day your notice is furnished to the final day on which you are moving out of the apartment. You may also need to pay for professional cleaning expenses post the evacuation of the space and submit the receipt to the owner, depending on the terms of your tenancy agreement.
To know more about the legal aspects associated with leaving your rental property, consult our real estate lawyers today.