Breaking a Lease to Move In With Family in Alberta: Tenant Options

Many tenants in Alberta find themselves needing to leave their rental early to move in with family — perhaps due to medical needs, job loss, or personal circumstances. If you're facing this situation, understanding your options, risks, and responsibilities under Alberta's tenancy laws is essential. This article explains your legal rights, how to approach your landlord, and how to minimize potential costs when breaking a lease to move in with family.

Is Moving in With Family a Legal Reason to Break a Lease in Alberta?

In Alberta, deciding to leave your rental to move in with family is not legally considered a valid reason to end a fixed-term lease early without potential penalty. Under the Residential Tenancies Act (Alberta), tenants who break a fixed-term lease without landlord agreement can be held responsible for rent until the end of the lease or until the unit is re-rented.^[1] There are some exceptions (like safety, family violence, or landlord breaches), but in most situations, simply moving in with family does not qualify you for automatic early termination.

Month-to-Month vs. Fixed-Term Leases

• Month-to-month lease: You must give at least one full tenancy month written notice before moving out. This can be for any reason, including moving in with family.
• Fixed-term lease: You are expected to stay for the entire lease term unless your landlord agrees to end it early or re-rents the unit.

Options for Tenants Who Need to Break a Lease Early

If you need to move in with family before your lease ends, you still have options to minimize your liability:

• Negotiate with Your Landlord: Many landlords are understanding, especially if you provide significant notice and help find a new tenant. Put all agreements in writing.
• Sublet or Assign Your Lease: You can ask your landlord to allow a sublet or assignment. This transfers the lease or your rights to a new tenant, but the landlord must approve.
• Provide Proper Written Notice: If you have a periodic (month-to-month) agreement, give written notice of at least one full tenancy month. For fixed-term leases, seek landlord approval or use subletting.
• Emergency Exceptions: For certain situations related to family violence, you may apply for a special termination order — this requires specific legal steps and documentation.
• If your landlord is not open to early termination, you may be responsible for remaining rent until they find another tenant. Landlords must make reasonable efforts to re-rent promptly.

How to Provide Notice to Your Landlord

Proper written notice is critical. Alberta law accepts electronic notice or a written letter, but always keep a dated copy for your records. For fixed-term leases, your notice is a request — the landlord isn’t required to end the lease early unless you qualify for a special termination.

• Sample Notice Forms and Guidance: Serving Notice to End a Tenancy: Alberta Government Guide

When submitting notice, include:

• Your name and address
• Date notice is given
• Date you intend to move out
• Signature

Official Forms: Notice to Terminate

• Notice of Termination – Tenant to Landlord (Form): No mandatory government form, but must be in writing with required details. See Alberta's guidance for a sample format.
• Special Notice for Tenants Fleeing Family Violence (Form RTDRS 15): Available if fleeing abuse. Must be accompanied by a certificate under the Residential Tenancies (Safer Spaces for Victims of Domestic Violence) Amendment Act. Learn about Safer Spaces Certificates

Possible Costs and Your Security Deposit

Breaking a fixed-term lease may make you responsible for ongoing rent until your landlord re-rents your unit or the lease ends. Other possible costs include advertising or reasonable re-rental expenses. Your Understanding Rental Deposits: What Tenants Need to Know explains in detail how landlords handle your security deposit. If you meet your legal notice obligations and leave the rental in good condition, you should be eligible to recover your deposit, minus any permissible deductions.

If you’re unsure about your rights at the end of your lease, see How to Properly End Your Rental Agreement as a Tenant for tips on notice periods, cleaning requirements, and avoiding disputes.

Important Tribunal and Legal Resources

Disagreements about breaking a lease or deposit recovery may be resolved through the Residential Tenancy Dispute Resolution Service (RTDRS). This is Alberta's main tribunal for landlord-tenant disputes.

• RTDRS Forms & Applications: RTDRS Official Forms

The Tenant Rights and Landlord Rights in Alberta page highlights additional protections and obligations under Alberta law.

Where to Find a New Rental if You're Moving

If you decide to relocate, you can Find rental homes across Canada on Houseme for a wide selection of listings, including apartments and houses in Alberta and other provinces.

FAQ: Breaking a Lease to Move in With Family in Alberta

1. Can I break a fixed-term lease to move in with family without penalty?
   Ordinarily, no. Moving in with family is not an automatic legal ground for breaking a lease without potential liability. Speak with your landlord about options.
2. What is the required notice to end a month-to-month lease in Alberta?
   You must give your landlord at least one full tenancy month's written notice before you move out.
3. What happens to my security deposit if I break my lease?
   If you comply with notice requirements and leave the unit in good condition, you may recover your security deposit. Deductions for unpaid rent or damages may apply.
4. What if I need to break my lease for safety reasons?
   Tenants experiencing family violence have special protections and may qualify to break their lease early using the Safer Spaces certificate process.
5. Where do I go if I have a dispute with my landlord over breaking a lease?
   You may apply to the Residential Tenancy Dispute Resolution Service (RTDRS) for help resolving disputes in Alberta.

Conclusion: Key Takeaways for Alberta Tenants

• Moving in with family is not a legal "out" for a fixed-term lease but you have options.
• Written notice, clear communication, and landlord negotiation can help minimize costs.
• Help is available from Alberta’s RTDRS and relevant tenant organizations if you face dispute or uncertainty.

Need Help? Resources for Tenants

• Alberta Residential Tenancies Act (Official legislation)
• Residential Tenancy Dispute Resolution Service (RTDRS): dispute resolution, forms, and support
• Safer Spaces Program: support for tenants fleeing family violence
• Legal assistance: Centre for Public Legal Education Alberta – Landlord and Tenant Support
• Tenant Rights and Landlord Rights in Alberta

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1. Residential Tenancies Act (Alberta) – Government of Alberta
2. Notice Requirements: Alberta Guide to the Residential Tenancies Act
3. Residential Tenancy Dispute Resolution Service (RTDRS)
4. Safer Spaces Program: Early Termination for Tenants Fleeing Abuse

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