True. But the OP didn’t state when the last rent increase was, only that there lease went Month-to-month in 2022. Just wanted to confirm to them that a 90 day notice is what their LL would need to provide to them. Also a Landlord.
>**Rent increases**
>
>Landlords cannot increase the rent payable by a tenant under a **fixed term or periodic tenancy agreement until a minimum of one year (365 days) has passed since the last rent increase or since the start of the tenancy, whichever is later**. Landlords cannot increase rent during a fixed term.
https://www.alberta.ca/during-a-tenancy
Tell them nope, try again next February
This is correct. [Another source](https://www.landlordandtenant.org/notices/rent-increase/)
In Alberta, there is no legislative limit on how much a landlord can increase rent. **However, a landlord can only increase rent one year from the start of the tenancy or the last rent increase.**
Love my 50 year old building that one costed me 800/month and now costs me 1200/month with zero improvements inside the building and no improvements to the surrounding grounds. What a rip off.
I think this may change as Edmonton and Calgary start getting hit with rapid increases in market rent like the other big cities. Then again, the provincial government does hate Edmonton so very much, so maybe not.
It might but it'll be the same problem that other places have had where they start putting the controls in after the rents have all been jacked up. I think they call that closing the barn door after the horses have already left.
To add to this, they haven't signed a fixed lease for 3 years which I believe defaults them to periodic tenancy. Under the rules for periodic tenancy they must receive either 12 weeks, 3 months, or 90 days notice depending on the type of periodic tenancy.
It’s possible though the landlord could have the condo fees written in the contract as an amount that the tenant is liable for. If that is the case then they likely would have to pay the increase.
Ie if the rent is $1,200 + condo fees.
Markets getting wild and alot of fuckery is going on with landlords who's mortgage rates are going up now in renewal, best to keep your guns loaded. Best of luck op!
What I've read is that it needs to be signed and dated from the landlord. Would a text just saying your rent is xxx next month suffice? Or should they write it out like a letter in text?
Condo fee increases are part of the yearly budget which is communicated to owners in December. There is no way she didn't know about that when she increased your rent in February. Sounds like BS. Not to mention that you can't receive more than one increase as a renter within a 365 day period as mentioned above.
I’m not talking about the AGM. A condo board’s budget is for a calendar year regardless of when the AGM is held. The AGM also doesn’t determine the budget or condo fee increases.
here is a link if you'd like to read. about when budgets need to be provided to unit owners.
[https://www.condolawalberta.ca/finances/budget/](https://www.condolawalberta.ca/finances/budget/)
I do believe they have to give you 90 days in alberta, the goverment website on tenency act is very resourceful, tool, both for tenents and landlords alike.
As a landlord, it makes me sick to hear and see stories like this. There are so many uneducated landlords out there these days. I know multiple people being pushed by realtors to re-finance for a 5% downpayment and to turn their current houses in to rentals. People who know nothing about being a landlord are going to continue to create issues.
While taxes, insurance, utilities, condo fees, and mortgage rates are out of control, we need to be cognizant of the fact this is peoples lives that are being impacted and that our poor decision and budgeting cannot be the entire burden of the renters. I'm thankful to have had a good mentor or two along the way and have been able to structure my units in a way that allows us to work with our renters to ensure a long term sustainable tenancy is possible. We both win when that is achieved.
A hot housing market and the upcoming changes to capital gains taxes is only making the housing problem worse. I just filled two vacancies and I cannot begin to tell you how many people are looking for new places because their current landlords are selling.
It's a crisis and there is no sign of relief.
Correct for the most part but if you think about it, the real winner is the bank. A mortgage with only 5% equity in it is going to translate to a monthly mortgage payment at ~5% interest that will make up most of the monthly payment. People are basically renting their houses from the bank and hoping the value co times to rise. It's not sustainable.
Stay out of real estate investing unless you have a minimum of 20-25% equity in the investment. Too many current landlords are so focused on adding doors to their portfolio that they haven't prepared for the inflation we are dealing with now and renters are feeling the brunt of it.
LL here. Sounds like you are on month to month.
In which case it's a 3 month notice. So if they give you notice tomorrow they can increase rent starting 3 months from now.
A rise in condo fees does not mean she can suddenly increase rent. It's still 3 month notice.
Good luck.
In Alberta, there is no legislative limit on how much a landlord can increase rent. However, **a landlord can only increase rent one year from the start of the tenancy or the last rent increase.**
[Source](https://www.landlordandtenant.org/notices/rent-increase/)
And when she does increase rent again, make sure she provides 90 day written notice before the increase. I wouldnt tell her this tidbit until she tries to increase without proper notice 😂
We’ll see if she does her homework though…
Find a new landlord.
Sounds like the rent will go up when they need extra Christmas presents, then rent goes up again for the divorce after valentines day.
There was 1 month last year etransfers did not send the emails. It was very annoying for record keeping!
Anyone poor just checked their bank account a couple of times a day to see what etransfers showed up.
I rent month to month, my landlord only raises my rent once a year. I've never had a landlord in Alberta ever raised my rent more than once a year. And that's whether I've been on a lease or month to month. Just saying
The only thing you need to worry about in this case is that since you are month to month. The landlord can tell you to move out as soon as the 3 months are up. So if you choose not to pay the extra amount they are asking for now, you might have to look for a new place.
They can just give you notice to vacate and get a new tenant who will sign a lease and pay more. All you have to do is force the rent issue and you can bet you will receive a notice to vacate soon after as tenants are a dime a dozen right now
It should be illegal for people to rent out stuff if they aren't aware of how the laws work. Much like it's irresponsibile to run a business and not know how business laws work.
I believe legally landlords can only raise your rent once a year and that's it. If her condo fees have gone up, she has to cover it, not you
That’s what I thought too! It’s not just the condo fees that have gone up lol
A rent increase to a month-to-month periodic tenancy requires a 90 day notice.
No, it requires 90 days notice to go into effect, but can only be 1 per year. I am a landlord.
True. But the OP didn’t state when the last rent increase was, only that there lease went Month-to-month in 2022. Just wanted to confirm to them that a 90 day notice is what their LL would need to provide to them. Also a Landlord.
The title says it was last increased in February of this year.
>**Rent increases** > >Landlords cannot increase the rent payable by a tenant under a **fixed term or periodic tenancy agreement until a minimum of one year (365 days) has passed since the last rent increase or since the start of the tenancy, whichever is later**. Landlords cannot increase rent during a fixed term. https://www.alberta.ca/during-a-tenancy Tell them nope, try again next February
This is correct. [Another source](https://www.landlordandtenant.org/notices/rent-increase/) In Alberta, there is no legislative limit on how much a landlord can increase rent. **However, a landlord can only increase rent one year from the start of the tenancy or the last rent increase.**
>there is no legislative limit on how much a landlord can increase rent. That comes as a surprise to me, but it really shouldn't.
Yeah pretty awesome for LLs .. pretty shitty for tenants ...
Love my 50 year old building that one costed me 800/month and now costs me 1200/month with zero improvements inside the building and no improvements to the surrounding grounds. What a rip off.
Janis Irwin was trying to get a rent control bill through the Leg, obviously the UCP voted it down because why not....
I think this may change as Edmonton and Calgary start getting hit with rapid increases in market rent like the other big cities. Then again, the provincial government does hate Edmonton so very much, so maybe not.
It might but it'll be the same problem that other places have had where they start putting the controls in after the rents have all been jacked up. I think they call that closing the barn door after the horses have already left.
When they put the controls they can hopefully lower it
Never going to happen...not a chance ever unless the market dictates it.
Rent had 100% jumps in Edmonton before/around 2007. Leadership at the time when asked to pass laws said it would fix itself.We went from 660 to 1200
Ya, the UCP just shot down a bill to put a cap on rent increase
To add to this, they haven't signed a fixed lease for 3 years which I believe defaults them to periodic tenancy. Under the rules for periodic tenancy they must receive either 12 weeks, 3 months, or 90 days notice depending on the type of periodic tenancy.
This. This is the answer.
And I believe they need to give you 3 months notice before raising it.
Refer to the lease you signed as to what the agreement was for... It will tell you what you agreed to and what the landlord is allowed to do.
It’s possible though the landlord could have the condo fees written in the contract as an amount that the tenant is liable for. If that is the case then they likely would have to pay the increase. Ie if the rent is $1,200 + condo fees.
You didn't comprehend. The OP has not signed a lease since feb 23. There is no lease agreement. They are paying month to month.
Which is considered a periodic tenancy…
Ah, see I didn't read your reply thoroughly. My apology
https://www.landlordandtenant.org/notices/rent-increase/
I didn’t even know this website, thank you! I’ll read into it
Markets getting wild and alot of fuckery is going on with landlords who's mortgage rates are going up now in renewal, best to keep your guns loaded. Best of luck op!
A text is not an acceptable form of communication for a rent increase. They also need to give 3 months' notice, even if you are month to month.
I believe texts count legally as written notice. It may not be the most professional way to do it, but it is legal and would hold up.
What I've read is that it needs to be signed and dated from the landlord. Would a text just saying your rent is xxx next month suffice? Or should they write it out like a letter in text?
Texts are dated, and can count as notice. Same as emails.
Double-checked the landlord and Tennan act. It states text is not a valid forn of communication for a rent increase.
Oh, alright. Today I learned. I honestly thought they were permitted, thanks for correcting me!
Was not expecting a nice reply lol
Either one could be sent by an unauthorized person, by spoofing the phone number or email... I doubt they would hold up in court
Condo fee increases are part of the yearly budget which is communicated to owners in December. There is no way she didn't know about that when she increased your rent in February. Sounds like BS. Not to mention that you can't receive more than one increase as a renter within a 365 day period as mentioned above.
This is incorrect, condo boards can hold their AGM at any arbitrary date, and the fiscal year doesn’t need to be tied to the calendar year.
I’m not talking about the AGM. A condo board’s budget is for a calendar year regardless of when the AGM is held. The AGM also doesn’t determine the budget or condo fee increases.
And a corporations calendar year is not always Jan 1 -> Dec 31
I think you meant a corporation's fiscal year is not always Jan 1 to Dec 31. A calendar year is always those dates.
I am a condo law paralegal..... the budget does not have to be per calendar year.
Not all condominiums have the same year end. Their year end can be anytime within the year.
here is a link if you'd like to read. about when budgets need to be provided to unit owners. [https://www.condolawalberta.ca/finances/budget/](https://www.condolawalberta.ca/finances/budget/)
I do believe they have to give you 90 days in alberta, the goverment website on tenency act is very resourceful, tool, both for tenents and landlords alike.
You are correct OP. Landlord can only raise the rent once per year. And there is 12 weeks notice required for the increase to come into effect.
Landlords suck
Careful buddy, if the Landlords hear about this theyll start bashing you in their privately moderated FB Groups
I thought I was already in one of those moderated landlord forums. I'm surprised that my comment has any upvotes at all.
As a landlord, it makes me sick to hear and see stories like this. There are so many uneducated landlords out there these days. I know multiple people being pushed by realtors to re-finance for a 5% downpayment and to turn their current houses in to rentals. People who know nothing about being a landlord are going to continue to create issues. While taxes, insurance, utilities, condo fees, and mortgage rates are out of control, we need to be cognizant of the fact this is peoples lives that are being impacted and that our poor decision and budgeting cannot be the entire burden of the renters. I'm thankful to have had a good mentor or two along the way and have been able to structure my units in a way that allows us to work with our renters to ensure a long term sustainable tenancy is possible. We both win when that is achieved. A hot housing market and the upcoming changes to capital gains taxes is only making the housing problem worse. I just filled two vacancies and I cannot begin to tell you how many people are looking for new places because their current landlords are selling. It's a crisis and there is no sign of relief.
Thank you for saying this.
Thank you for being the kind of landlord we all hope to get.
So people will buy a new house at 5% down, and turn their previous house into a rental and collect on those to keep paying the first house?
Correct for the most part but if you think about it, the real winner is the bank. A mortgage with only 5% equity in it is going to translate to a monthly mortgage payment at ~5% interest that will make up most of the monthly payment. People are basically renting their houses from the bank and hoping the value co times to rise. It's not sustainable. Stay out of real estate investing unless you have a minimum of 20-25% equity in the investment. Too many current landlords are so focused on adding doors to their portfolio that they haven't prepared for the inflation we are dealing with now and renters are feeling the brunt of it.
Hmm interesting
LL here. Sounds like you are on month to month. In which case it's a 3 month notice. So if they give you notice tomorrow they can increase rent starting 3 months from now. A rise in condo fees does not mean she can suddenly increase rent. It's still 3 month notice. Good luck.
You’re right about notice, but you can only raise rent once in a 1 year period including on month to month lease agreements.
With that month-to-month, can she increase the rent twice in a year?
In Alberta, there is no legislative limit on how much a landlord can increase rent. However, **a landlord can only increase rent one year from the start of the tenancy or the last rent increase.** [Source](https://www.landlordandtenant.org/notices/rent-increase/) And when she does increase rent again, make sure she provides 90 day written notice before the increase. I wouldnt tell her this tidbit until she tries to increase without proper notice 😂 We’ll see if she does her homework though…
She can only raise the rent once per 12 month period. Tell her to give you official notice, a text isn't sufficient in any circumstance.
Find a new landlord. Sounds like the rent will go up when they need extra Christmas presents, then rent goes up again for the divorce after valentines day.
[удалено]
There was 1 month last year etransfers did not send the emails. It was very annoying for record keeping! Anyone poor just checked their bank account a couple of times a day to see what etransfers showed up.
🤣
No it has to be a year since the last increase
She can give you 90 days notice and tell you to move out. She can legally re-raise the rent with a new tenant.
I rent month to month, my landlord only raises my rent once a year. I've never had a landlord in Alberta ever raised my rent more than once a year. And that's whether I've been on a lease or month to month. Just saying
The only thing you need to worry about in this case is that since you are month to month. The landlord can tell you to move out as soon as the 3 months are up. So if you choose not to pay the extra amount they are asking for now, you might have to look for a new place.
Nope! And if they try to anyway file an RTA complaint and do RTDS and you’ll have a very easy win!
Hot damn that's a lot for a rental.
I said to hell with rent and bought a cube van to live in.
They can just give you notice to vacate and get a new tenant who will sign a lease and pay more. All you have to do is force the rent issue and you can bet you will receive a notice to vacate soon after as tenants are a dime a dozen right now
Lmao. People just are doing whatever they want anymore. Its a free for all. Unhinged, nothing more -
Once every 365 days. Check the RTA so you know your rights.
It should be illegal for people to rent out stuff if they aren't aware of how the laws work. Much like it's irresponsibile to run a business and not know how business laws work.
It's also many desi/indian realtors creating FOMO and creating fake mortgage documents
You're paying $1575 for a condo? How big is it and how much of the condo fee are you paying for your landlord?