Rental and tenanted property
Selling a rental in Calgary with tenants still in it.
The tenancy is rarely what stops people. Not knowing what notice the law requires is. So here it is, before we say anything about buying it — whether you’re a tired landlord done with the 2 a.m. calls, or an owner whose renters simply came with the house.
The notice the Act actually requires.
| Tenancy | Notice, because you’re selling |
|---|---|
| Month to month | Three full tenancy months |
| Week to week | One full tenancy week |
| Yearly periodic | 90 days before the last day of the tenancy year |
| Fixed term | Can’t be ended early for a sale. It runs to its end date and transfers with the property. |
Two grounds, and they are not the same
Where the property is a detached or semi-detached house, or one condominium unit, the sale itself is the ground — once the conditions are satisfied or waived, the buyer does not have to be moving in.
For other premises — a unit in a fourplex, say — the ground requires the buyer or a relative of the buyer to be moving in. Same notice period, different test. Getting that wrong is how a notice ends up invalid three weeks before closing.
Major renovation or condominium conversion is also a ground, and it carries a full year of notice.
Three full tenancy months means what it says. If closing is 1 July, notice on a month-to-month has to be served by 1 April, not in May. The notice must be in writing, signed, identify the property and state the termination date.
A plain-language summary of the Residential Tenancies Act and its Ministerial Regulation, not legal advice, and we are not your lawyer. Alberta.ca publishes the current rules.
Why a tenanted property is hard to list
A listing needs access, and access needs a co-operative tenant. Showings have to be arranged around someone who has no reason to make the place look good and every reason to be somewhere else. Financed buyers want vacant possession, so the pool shrinks. Photographs show someone else’s furniture.
None of that applies to a direct sale. We look at it once, and we are buying the building and the land, not the housekeeping. If the tenant has stopped paying and won’t let anyone in, we can usually work from the exterior, the title and the tax roll, and price the uncertainty rather than pretend it isn’t there.
We buy tenanted
- Houses with a basement suite
- Half duplexes
- Condo units
- Small multi-family
Questions landlords ask
Can I sell a rental in Alberta with the tenant still living there?
How much notice do I have to give a tenant because I am selling?
Does the buyer have to be moving in for that notice to be valid?
What happens to a fixed-term lease when the property sells?
Can I give notice because the house is going to be renovated?
Will you buy it with the tenants in it?
The tenant has stopped paying and will not let anyone in. Then what?
The place is in rough shape after the last tenants. Does that change anything?
Damage or deferred maintenance as well? That page is here.