real estate; rental; lease; leasing; alberta

RENTAL PROPERTY

For many Albertans, renting out a residential or commercial property can be a lucrative way of making money. Some choose to rent out the basement in their residential home while others opt to purchase rental properties. Kahane Law Office’s rental property lawyers assist you with every step of the process, from buying your first rental property to assisting you with resolving legal issues that may arise when buying and selling your property or during the tenancy. Keep reading to find out how our rental property lawyers help you build your rental property portfolio.

Purchasing and Selling Rental Real Estate

If you are thinking of buying property to generate rental income or wish to sell your property, our rental property lawyers assist you with your transaction. We are proud to offer reasonable flat rate legal fees as follows:

Property Value

 

PurchaseSaleRefinance
Under $199,999$999.00$799.00$899.00
$200,000 – $399,999$1,199.00$899.00$999.00
$400,000 – $599,999$1,399.00$999.00$1,099.00
$600,000 – $799,999$1,599.00$1,099.00$1,199.00
$800,000 – $1,000,000$1,799.00$1,199.00$1,299.00

Please call for a quote on homes with a value over $1,000,000. Legal fees are subject to change without notice.

The flat rate legal fees include normal disbursements meaning that there is no additional charge for file administration fees, courier charges within Calgary, document fees, photocopy charges, fax charges, land title fees to register one title and one mortgage, two hours of purchase/sale related issue resolution and two separate payouts if required. Please note that if you are out of town, additional fees may apply for the signing agent in your area and delivery charges to return the documents to our office. Click here to learn more about our real estate legal fees.

Refinancing Your Home

Many Albertans choose to refinance their home and access equity for numerous reasons ranging from securing a lower interest rate on their existing loan to using the funds to purchase a rental property as an investment. Thinking of refinancing your home? Our real estate lawyers are here to help. We have a team of mortgage refinancing lawyers and paralegals to meet your time sensitive deadlines. While rush fees may apply, we have funded mortgages in under 24 hours.

Real Estate Litigation

Although most individuals want to avoid litigation, the complex nature of purchasing, selling and leasing real estate can sometimes give rise to disagreements. In most cases, litigation is avoidable. Litigation is generally a slow and unpredictable process that can consume large amounts of money, time, and energy. However, if you are involved in litigation, you should contact a skilled litigator who has experience in dealing with your issues to heighten the chances of achieving a quicker and more favourable resolution. Our litigation team can assist you with a wide variety of matters ranging from:

  • breaches of Purchase and Sale Contracts including claims for deposit forfeiture, return of deposits and damages;
  • obtaining certificates of pending litigation;
  • title insurance claims;
  • disputes regarding easements, restrictive covenants and other restrictions on use of the land;
  • evictions and terminations;
  • applications to the landlord regarding assignments and subletting; and
  • damages due to loss of rent and property damage.

 Rental Property Lawyers For Evicting Tenants

While many landlords find ideal tenants, that is not always the case. In Alberta, the Residential Tenancies Act (the “RTA”) governs what a tenant must do including:

  • pay rent on time;
  • ensure that the property is kept reasonably clean; and
  • move out when the lease ends.

Additionally, according to the RTA, tenants must not:

  • violate the rights of the landlord and other tenants;
  • cause or let others cause significant damage to the property;
  • commit or permit others to commit illegal acts on the property; and
  • endanger the tenants or the property.

If the tenant violates any of the above or commits a series of breaches that, taken together, creates a substantial effect, he or she has substantially breached the residential tenancy agreement. In this case, the landlord may:

  • provide the tenant 14 days notice to terminate the tenancy;
  • provide the tenant with 24 hours notice to terminate the tenancy if the tenant significantly damages the property or physically assaults or threatens to physically assault the landlord or another tenant; or
  • apply to Provincial Court or to the Residential Tenancy Dispute Resolution Service (“RTDRS”) for an order that terminates tenancy.

When providing the tenant with an eviction notice, the notice must:

  • be in writing;
  • be signed by the landlord;
  • state the address of the property;
  • state the date and time that the tenancy ends;
  • if any rent is owed, provide the amount of rent that is due the date the notice is provided; and
  • state the reason for the termination of tenancy.

As eviction notices must address specific things and must be delivered to tenants in advance, you may require legal assistance when drafting notices. The rental property lawyers at Kahane Law Office draft eviction notices that have legal effect should the tenant challenge them in RTDRS or in Court.

Residential Tenancy Dispute Resolution Service

Rather than going through the formal court process, RTDRS is a speedier, more cost effective and less formal method of resolving a variety of landlord and tenant disputes which may result in tenancy termination. Either the tenant or landlord can file an application to RTDRS. Common disputes between landlords and tenants include:

  • failure to pay rent;
  • unauthorized residents;
  • noise complaints;
  • failure to maintain the premises such as shovelling snow or mowing the lawn in compliance with local bylaws;
  • unclean premises; and
  • lease agreement violations.

When bringing a complaint before the RTDRS office, the complainant should bring evidence including written notices, affidavits, certificates and witnesses to prove fault and establish compensation. It is important that the landlord follow the proper procedure and provide sufficient evidence as a minor mistake may result in forfeiting the $75 application fee forcing the landlord to restart the process again. Our rental property lawyers represent both landlors and tenants in RTDRS. You can learn more here.

Getting Help From Rental Property Lawyers

Whether you are purchasing your first rental property or seeking legal representation in RTDRS or in Court, our rental property lawyers are here to help. Our real estate litigation group can assist you with efficiently resolving disputes fairly. We can also help you with a wide range of services such as drafting leases and legal notices, advising you on your rights relating to residential tenancy, terminating tenancies and enforcing damages awards. To arrange for an initial consultation, connect with us today at (403) 225-8810 locally in Calgary, Alberta. We can also be reached toll-free at 1-887-225-8817 or email us here directly.