I'm looking for clarification on residential tenancy laws in Alberta. Not yet. Documented all contact with landlord,

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Customer: I'm looking for clarification on residential tenancy laws in Alberta
JA: Have you talked to an Alberta lawyer about this?
Customer: Not yet
JA: What steps have you taken so far?
Customer: Documented all contact with landlord, spoke with Residential Tenancy board a few times.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have been in contact with the previous tenant who also appears to have dealt with similar issues when the tenancy came to an end
Answered by Debra in 5 mins 1 year ago
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Debra
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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer
Thank you, ***** ***** the help
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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

What is your specific legal question please?

Customer
I'm just looking for clarification on the residential tenancy laws in Alberta.
1. We gave a 60 day notice to vacate on April 1, which would end May 30. The landlord accepted this and now 25 days later is countering with a notice to vacate as of May 27th. Is this acceptable?
2. She has suggested she will retroactively pay 2 days rent back to us upon return of the pending damage deposit. Would that not equal 4 days? April 28-31?
Customer
3. I have received a constant barrage of texts, emails and phone calls every single day since April 1. This is honestly affecting my mental state. Even this evening after emailing asking for less communication, she replied with no less than 3 emails and a phone call. Is there anything I can do?
4. Although move in inspection was completed, a copy gas not been provided to us in the 5 years we have lived here, and she now states will bring it this weekend when they come do an initial move out inspection. Does the 5 year delay in giving us a copy of this mean it is null and void?
Customer
5. They have sold the house, with a possession date being the day after we relinquish possession, what reason would she have to withhold ANY damage deposit? (Assuming there are not gigantic holes in the walls or intentional damages)
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Debra, Expert

She cannot make you move out early. You have the right to remain until the end of the month. So just don't go. She cannot get an eviction order that quickly.

If you are agreeable to go then tell her you require much more compensation or you will be remaining.

She has no right to any part of the damage deposit unless there are damages.

She has to provide a copy of the report but not it is not void.

Does that help?

Customer
Thank you. Is she required to return the damaged deposit and retro rent in 2 separate transactions or can she lump them together?
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Debra, Expert

She can lump them together.

Thank you for trusting us to help you here at JustAnswer.   If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Thank you. One other question, if thats alright.
Landlords replaced the stove in 2019. A day before the landlords were scheduled to come over with the realtor, I dropped a dish on the stove and cracked the glasstop. We immediately contacted an appliance repair company, paid for and ordered the part needed and scheduled an install date. On the appointment date, the company failed to show up, and did not communicate this to us. When I contacted them, they advised that the part was now on backorder and would take another 3-5 weeks. We contacted the stove manufacturer and were told they had the part in stock, so we cancelled the initial company and ordered the part direct from the manufacturer.
My concern is that the part will not arrive before our tenancy ends. If this happens, what are the landlords options? The new owners have their possession date for the day after ours ends. We have every intention of having this fixed, we just don't know what happens if it is outside of the landlord and new owners timeline
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Debra, Expert

You will simply have to tell them that you've done your best and it's coming shortly and that ends the matter.

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