Nimmons Law Office Calgary on Moving Out in Alberta: A Tenant’s Guide to Ending a Lease the Right Way

Ending a lease and moving out is a normal part of renting, but in Alberta, it comes with important responsibilities and legal steps that tenants must follow. Whether you’re moving out at the end of a lease, breaking a lease early, or just ready for a change, knowing how to end your tenancy properly can save you from unnecessary stress, financial penalties, and disputes with your landlord.

In this article, we’ll guide you through the right way to move out in Alberta, from giving notice and cleaning the unit to inspections and getting your security deposit back. And if you encounter any legal trouble along the way, Nimmons Law Office Calgary is available to support you with professional legal advice related to tenancy matters.

Know What Type of Lease You Have

Before planning your move, the first step is to understand the kind of lease agreement you signed. In Alberta, there are two main types of leases:

• Fixed-Term Lease
  A fixed-term lease has a specific start and end date (e.g., January 1 to December 31). Once the lease ends, it does not automatically renew unless both the landlord and tenant agree. You don’t have to give notice if you’re moving out at the end of a fixed-term lease—unless your lease agreement requires it, which some do.
• Periodic Lease (Month-to-Month)
  A periodic lease automatically renews after each rental period, usually monthly. If you’re on a month-to-month lease, you must give one full rental period’s notice before moving out. For example, if you plan to move at the end of August, you must give notice before the end of July.

Giving Proper Notice

Proper notice is a key part of ending your lease the right way. In Alberta, tenants must give written notice of their intent to move out. Verbal notice or text messages are not legally valid unless the landlord has explicitly agreed in writing to accept them.

Your notice should include:

• Your name and the address of the rental unit
• The date the notice is being given
• The date you plan to move out
• Your signature

Deliver the notice in person or by mail. Keep a copy for your records, and if possible, ask your landlord to confirm receipt in writing.

Moving Out Early: Breaking a Lease

Sometimes life changes, and you may need to move out before your lease ends. While not ideal, there are a few ways to handle this:

1. Negotiate with Your Landlord
   Many landlords are willing to work with tenants, especially if the tenant offers to help find a new renter or continue paying rent until someone else moves in. Put any agreement in writing to protect both parties.
2. Subletting or Assigning the Lease
   Depending on your lease, you may have the option to sublet or assign your rental unit to someone else. Subletting means someone temporarily takes over your lease, while assigning means they permanently take over. You need written approval from the landlord in either case.
3. Legal Reasons for Early Termination
   Alberta law allows tenants to break a lease early in certain situations, such as:
   – Family violence or abuse (with proper documentation)
   – Uninhabitable living conditions (not resolved by the landlord)
   – Being accepted into long-term care or assisted living

If you’re unsure whether you qualify for early termination under these rules, Nimmons Law Office Calgary can help clarify your options and legal rights.

Cleaning and Repairs

Before handing over the keys, you’re responsible for returning the rental unit in reasonably clean condition and free of damage beyond normal wear and tear.

Here’s a general checklist:

• Clean floors, walls, windows, and appliances
• Remove all personal belongings and garbage
• Patch minor holes (like those from picture hooks)
• Replace any burned-out light bulbs
• Clean carpets, especially if your lease requires it

If you leave the unit in poor condition, your landlord may deduct the cost of cleaning or repairs from your security deposit.

Move-Out Inspection

Landlords are required to conduct a move-out inspection with the tenant present, comparing the condition of the unit to the move-in inspection report. Both parties should sign the inspection report and keep a copy.

Here’s what to know about move-out inspections:

• The landlord must give you reasonable notice of the inspection time.
• You have the right to be present during the inspection.
• The inspection must take place after you’ve removed your belongings and cleaned the unit.

If the landlord claims damages or cleaning fees, they must provide receipts or proof. You can dispute unfair deductions by filing a claim with the Residential Tenancy Dispute Resolution Service (RTDRS).

Getting Your Security Deposit Back

After you move out, your landlord has 10 days to return your security deposit—also known as the damage deposit—along with interest, if applicable. If they keep any of the deposit for damages or unpaid rent, they must give you a written statement of account listing the deductions and providing evidence, such as photos or repair invoices.

If the landlord fails to return the deposit within 10 days or makes unfair deductions, you can file a dispute through the RTDRS or seek legal advice. Nimmons Law Office Calgary can assist tenants in recovering security deposits that have been wrongfully withheld.

Forwarding Address and Mail

Don’t forget to:

• Provide your forwarding address to your landlord for your security deposit and any future correspondence.
• Update your mailing address with Canada Post and other important contacts.
• Cancel or transfer utilities, internet, and other services.

Protect Yourself

Even if you’ve followed all the rules, disputes can still happen. To protect yourself:

• Take photos or videos of the unit after you’ve cleaned and moved out.
• Save all communication with your landlord, including emails and letters.
• Keep copies of the lease, notice to vacate, inspection reports, and receipts.

Having documentation makes it easier to prove your case if a dispute arises.

Final Thoughts

Moving out the right way helps you avoid disputes, protect your security deposit, and leave on good terms with your landlord. Understanding Alberta’s rules on notice, inspections, and deposits ensures that you’re meeting your legal obligations and not caught off guard.

Whether you’re ending a fixed-term lease, moving out month-to-month, or dealing with a more complicated situation, staying organized and informed will make your move much smoother. And if problems come up along the way, Nimmons Law Office Calgary is here to help guide you through the legal process, ensuring your rights as a tenant are respected.

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