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Old 06-19-2012, 04:51 PM   #14
tiger_handheld
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Quote:
Originally Posted by chr1s View Post
Got a question on which rental agreement governs:

This is within Alberta, but my issue is somewhat general and should have the same answer in BC, if you have the BC specific answer.

BACKGROUND:
I am renting a room within a townhouse. I signed a month-to-month rental agreement with the person (will be referred to as 'landlord' in this thread) who is leasing the townhouse from the true owner. According to the landlord, his agreement with the owner is a fixed term lease.

ISSUE:
I have never met the owner, but the landlord has told me that the owner has asked us to vacate by July 1st (2 weeks from now). His reason is that he would like to sell the house this fall. I have checked the RTA for Alberta.
For month-to-month rentals (my agreement with Landlord), 3 months notice must be given.
For fixed term leases (landlord's agreement with owner), no notice has to be given.
So. Which agreement governs me? My stance is that I signed a month-to-month rental, so I need 3 months notice, not 2 weeks to vacate. This is quite important, because it would put me in quite a tight spot to find a new place.

So let me get this straight.

Person B rents from Person A(legal house owner)
Person C(you) rents from Person B

If that is correct, you (person C) would be governed by the contract that is made with person B. If YOU sue person B for lack of notice, person B should sue the legal owner for lack of notice as well.

This seems like common sense.

Why does it matter to the OP that person B is subleasing the unit? As far as OP care's person be is his lanlord.

DISCLAIMER: I'm not an expert in rental law. Feel free to school me
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