Eviction Notice Template Alberta

NOTICE OF TERMINATION OF TENANCY (ALBERTA)

THIS NOTICE OF TERMINATION OF TENANCY (the "Agreement") is entered into this [Day] day of [Month], [Year] (the "Effective Date"), by and between:

LANDLORD: [Landlord Name], with a mailing address of [Landlord Address] (“Landlord”), AND

TENANT: [Tenant Name], with a mailing address of [Rental Property Address] (“Tenant”).

1. DOCUMENT PREAMBLE & RECITALS

WHEREAS, the Landlord and Tenant entered into a Residential Tenancy Agreement dated [Date of Original Lease] (the “Lease”) concerning the premises located at [Full Property Address including Suite/Unit] (the “Premises”); WHEREAS, the Landlord intends to terminate the tenancy pursuant to the Residential Tenancies Act (Alberta) (the “Act”); NOW, THEREFORE, the Landlord hereby serves this formal notice of termination based on the conditions set forth herein.

2. OPERATIONAL DEFINITIONS

1. “Act” means the Residential Tenancies Act, SA 2004, c R-17.1, as amended from time to time.
2. “Premises” means the residential dwelling unit described in the Preamble.
3. “Default” means any failure by the Tenant to comply with the terms of the Lease or the Act, including, but not limited to, non-payment of rent, property damage, or interference with the rights of other tenants.
4. “Cure Period” means the period defined in Section 4 herein, during which the Tenant may rectify a curable breach.
5. “Termination Date” means [Date], being the date by which the Tenant must vacate the Premises.

3. SUBSTANTIVE TERMS & OBLIGATIONS

1. Notice of Termination: The Landlord hereby provides formal notice that the tenancy shall terminate on the Termination Date.
2. Grounds for Termination: This termination is initiated due to [Select: Non-payment of Rent / Substantial Breach / Failure to maintain Premises].
3. Surrender of Possession: The Tenant shall surrender possession of the Premises in the same condition as received, reasonable wear and tear excepted, on or before 12:00 PM on the Termination Date.
4. Inspection: A move-out inspection shall be conducted in accordance with the Act. The Tenant shall provide reasonable access to the Landlord for such purposes.
5. Representations: The Landlord represents that this notice is compliant with all applicable provincial statutes governing residential tenancies in Alberta.

4. DEFAULT, TERMINATION, AND REMEDIES

1. Cure Period: Where the breach is remediable under the Act, the Tenant shall have [30] business days from the service of this notice to remedy said Default. If the breach is not remedied to the Landlord's satisfaction within this timeframe, the Termination Date remains effective.
2. Legal Recourse: In the event the Tenant fails to vacate the Premises by the Termination Date, the Landlord reserves the right to apply to the Residential Tenancy Dispute Resolution Service (RTDRS) or the Court of King’s Bench of Alberta for an Order for Possession and a monetary judgment for arrears, damages, and costs.
3. Overholding: Any occupancy beyond the Termination Date constitutes an unauthorized overholding, for which the Tenant shall be liable for daily damages equivalent to the daily pro-rated rent plus any legal costs incurred by the Landlord.

5. BOILERPLATE LEGAL PROVISIONS

1. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
2. Entire Agreement: This document constitutes the entire agreement between the parties regarding the termination of the Lease and supersedes all prior discussions or understandings.
3. Force Majeure: Neither party shall be liable for failure to perform duties under this Agreement due to causes beyond their reasonable control, including acts of God or government regulation.
4. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta.
5. Dispute Resolution: Any dispute arising out of this Agreement shall be settled through the RTDRS or the courts of the Province of Alberta.

6. FORMAL EXECUTION BLOCK

LANDLORD:

Signature: ___________________________ Name: [Landlord Name] Title: [Landlord/Property Manager] Date: [Date]

TENANT (Acknowledgment of Receipt):

Signature: ___________________________ Name: [Tenant Name] Title: Tenant Date: [Date]

DISCLAIMER: This document is a template provided for informational purposes. It does not constitute formal legal advice. Users are strongly encouraged to consult with legal counsel or the Residential Tenancy Dispute Resolution Service (RTDRS) to ensure compliance with the specific requirements of the Residential Tenancies Act of Alberta.