My question involves landlord-tenant law in the Province of Alberta.
Hi all. First, thanks to everyone that reads and offers any advice.
Here are my issues. Two years ago I signed a one year contract with a property management company to look after my home and tenants. The service was bad from the beginning, but it was the best I could do at the time. The contract was set as month-to-month after one year.
Last spring, they decided to change their bank. Not surprisingly they had issues and the payment to me was late. Late as in past when their contract said it would be in my account. They provided no notice of this. Not even an apology after. After I complained and said they broke the contract, this was unacceptable and what where they going to do? I said I took it the contract was now void as they breached it. Their answer was a basic, "meh". They agreed they were late, said it was a one time thing, and tough luck.
I didn't know what to do, because they do have a clause about terminating and me having to pay 3 months fees if my contract understanding was wrong.
Here we are today and they email me. They want me to sign a new one year contract and increase the fee. No way do I want this. I'm ready to move on to a new company.
What are my options?
1) Is our contract void? Or not because we still do business?
2) What if I don't sign this new one? Do we stay month-to-month? Can they still increase the mgmt fee? Any notice period required? (The contract says nothing about mgmt fee increases)
3) If I don't renew, is that then them terminating the agreement, or me? Would I be on the hook for 3 months? Can I not renew for a year, give notice, stay month-to-month for 3 months and then move on if I have to?
Additional information below. Again thanks to anyone that can help me out.
The new contract which looks much like the old contract can be seen here: http://www.rentaladvisors.ca/images/...20JUNE2011.pdf
The termination part is:
Termination of Services
Either party may terminate this agreement with a written three (3) months notice (Herein known as the “Termination Period”). The Owner is deemed liable for the monthly fees during this Termination Period.
This applies to all properties whether on a fixed period contract or a month-to-month contract. In the event of the termination of this agreement, the Owner shall assume the obligations and liabilities of any and all contracts, agreements and commitments made between the Property Manager and various parties, including Tenants.
In the event that you decide to terminate your contract with Rental Advisors before a tenant has been placed into your property, the Administration Fee will not be refundable. The termination will be effective immediately upon notice.

