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Winner of the 2007 Alberta Consumer Champion Award of Distinction
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Funding from the Alberta Real Estate Foundation gratefully acknowledged.
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Home > During the Tenancy > Just the Facts > Taking Possession > Premises Not Available
Premises Not Available at the Beginning of Tenancy
You make a promise when you enter into a fixed-term or periodic tenancy agreement, that the premises will be available for the tenant at the beginning of the tenancy. This promise becomes a term of the tenancy agreement whether or not it is mentioned. If the premises are not ready for the tenant to move into on the agreed date, he can simply state that he no longer wishes to move into the premises and be part of the tenancy agreement. Alternatively he can take legal action against you and can:
- apply to the Court of Queen’s Bench for an order that you live up to your obligation and make the premises available. In legal terms, this is called an Order for Specific Performance of the Contract;
- pursue a claim for general damages arising as a result of you breaching the agreement. General damages consist of money in a general sum to cover matters such as inconvenience or anxiety; or
- pursue a claim for special damages that arise as a result of your action. To be successful in getting special damages, a tenant has to prove that you could have reasonably known that this type of loss would arise.
If you do not return pre-paid rent to the tenant and he thinks you may have committed an offence under the Residential Tenancies Act, he can file a complaint with Alberta Government Services. If you are later convicted of an offence, the judge can order all or part of the prepaid rent to be returned to the tenant. If you still do not return the money, the tenant can file the order in the Court of Queen's Bench and take enforcement proceedings against you.
January 2006
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