Selling a Rented Property in Alberta

Yes. The Residential Tenancies Act defines "landlord" to include the owner's heirs, assigns, personal representatives and successors in title. In general terms, that means the tenancy carries on with the buyer, who takes the landlord's place. A fixed term keeps running to its end date, and a periodic tenancy keeps going until someone ends it properly.

Selling does not give you a right to end a fixed term early. A landlord cannot end a fixed term early except by agreement or for cause. A fixed term ends automatically at its end date.

The buyer inherits the existing agreement and the rent that comes with it. Under the Residential Tenancies Ministerial Regulation, rent cannot go up until 365 days have passed since the tenancy started or since the last increase, whichever is later. Nothing in the Act or the Regulation restarts that clock when the owner changes. No government page states this for a new owner in plain words, so treat it as the general reading.

A fixed term of a year or more cannot be increased during the term. Any increase also needs proper written notice. If you plan to raise the rent before closing, read the Alberta rent increase guide first.

A person who acquires the landlord's interest takes on the rights and obligations of the previous landlord for the security deposit. The Handbook says the buyer is fully responsible for the deposit the tenant paid, and that this stays true even if the seller never hands it over. The new owner must give the tenant a notice of landlord and a deposit statement, and must refund the deposit when the tenancy ends.

For you as the seller, the practical step is to pass the deposit and its records to the buyer at closing, because the tenant can look to the new owner for it. Interest is owed on a money deposit under the Act. The rate for January 1 to December 31, 2026 is 0%, so check the Alberta government page for the current rate. See the Alberta landlord security deposit guide for the full deposit rules.

For a month-to-month tenancy, a landlord's notice is valid only for a prescribed reason. Two of those reasons involve a sale: the property is sold and the buyer or the buyer's relative will move in, or a detached house, semi-detached house or condo is sold and the buyer asks in writing for the tenancy to end. In the second case the buyer does not need to move in. The Government of Alberta's ending a tenancy page lists the allowed reasons.

For a monthly tenancy you must give at least 3 tenancy months of written notice, served on or before the first day of the three-month period. If the tenancy runs from the 1st to the last day of each month and you want it to end on September 30, serve the notice on or before July 1. Other periodic tenancies have different lengths in the Regulation, so check it.

The notice must be in writing, give the address of the premises, be signed by you, state the reason and set the termination date. Form 1, the Landlord's notice to tenant to terminate periodic tenancy, is the sample form in the Regulation, and sample forms are not mandatory. A notice for a reason that is not prescribed is of no effect. The Alberta notice to end tenancy guide walks through the steps.

You may show the unit to prospective buyers, directly or through a real estate broker, at any time during the tenancy, but only with proper written notice. The notice must be served at least 24 hours before entry, signed, and state the reason, date and time. Entry with notice is allowed only between 8 a.m. and 8 p.m., and not on a holiday or Sunday without the tenant's consent.

Each entry needs its own notice. A single notice covering several days is not allowed. The tenant does not have to be home, and cannot refuse entry on that basis when notice is proper. Entering in a way that breaks the Act is an offence with a fine of up to $5,000. More detail is in the Alberta entry notice guide.

• Do not change the locks or otherwise shut a tenant out to make the unit "vacant" for the buyer.
• Do not give a sale notice without a prescribed reason. It has no effect, and the tenant stays.
• Do not give a buyer's-use notice if it will not happen. If the tenant leaves and the premises are not used for the stated reason within a reasonable time, that contravenes the Act, and a fine of up to $5,000 is possible. The Handbook adds that the tenant may pursue the landlord for compensation through court or RTDRS.
• Do not post a multi-day showing notice on the door and treat it as covering every visit.

The government sources read for this guide did not turn up any compensation requirement for a no-fault notice itself, so ask the tribunal if you are unsure.

Disputes over a notice, rent or the deposit go to the Residential Tenancy Dispute Resolution Service or the Alberta Court of Justice. If the tenant will not leave after a valid notice, you need an order, and only a civil enforcement agency can remove a tenant. See what to do if a tenant will not leave after notice and the answer on ending a tenancy for your own use. This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.