Fixed-Term Lease Expiry in Alberta

Automatic Expiry — No Notice Needed

Under Section 15 of Alberta's Residential Tenancies Act, a fixed-term tenancy expires automatically on the date stated in the lease agreement. Neither the landlord nor the tenant needs to serve a notice of termination. The end date in the lease is the termination date. The tenant must vacate by 12:00 noon on that final day.

This is a straightforward rule, but it creates confusion because landlords in other provinces — Ontario, BC — must serve formal notices even when a fixed term is ending. In Alberta, no such requirement exists for a standard fixed-term expiry.

The Noon Deadline

The RTA specifies that the tenant's occupancy right ends at 12:00 noon on the last day of the fixed term. This isn't a guideline — it's the statutory cutoff. After noon, the tenant no longer has a legal right to occupy the premises unless a new agreement exists or the tenancy has converted to periodic.

In practice, most move-outs happen over the final weekend or the morning of the last day. Coordinate with the tenant on timing for the move-out inspection, which should happen once the unit is empty and before the noon deadline if possible.

When Not Renewing Goes Sideways

The risk with fixed-term expiry isn't the legal mechanism — it's what happens around the edges.

Accepting rent after expiry. If the fixed term ends on March 31 and you accept a rent payment covering April, you've likely created a periodic tenancy. The tenant is now month-to-month, and you need a prescribed reason and three months' notice to end it. Never accept rent after a fixed-term expiry if you want the tenant to leave.

Tenant stays past the date. If the tenant is still in the unit at 12:01 PM on the expiry day, they're overholding. You cannot change the locks, remove their belongings, or shut off utilities. Your options are to apply to the RTDRS for an order of possession or file with the Alberta Court of Justice. Self-help eviction is illegal under the RTA — administrative penalties can reach $5,000.

Verbal agreement to extend. A casual conversation where you say "you can stay another month" can create a binding agreement. If you don't want to extend the tenancy, be clear in writing before the expiry date that you expect the tenant to vacate as scheduled.

Offering a New Lease vs. Going Periodic

When a fixed term approaches its end date, you have three options:

1. Let it expire. The tenant vacates by noon on the end date. No action needed from you — the lease does the work.

2. Sign a new fixed-term lease. Negotiate new terms (rent, duration, conditions) and execute a fresh agreement before the current one expires. This is the cleanest approach if you want to keep the tenant but update the rent or other terms.

3. Allow it to convert to periodic. If neither party does anything and the tenant stays with your implied or explicit consent (typically by you accepting the next rent payment), the tenancy becomes periodic — usually month-to-month at the same rent. This gives the tenant ongoing occupancy rights that you can only end for a prescribed reason with three months' notice.

Option 3 happens by default if you're not paying attention. Many landlords don't realize they've created a periodic tenancy until they try to end it and discover they now need a prescribed reason and a three-month notice period.

Practical Steps Before Expiry

Start early — at least 60 days before the fixed term ends:

• Decide whether you want to renew, let it expire, or allow periodic conversion
• If not renewing, send the tenant a written reminder (not legally required, but practical) that the tenancy ends on the fixed date and you expect them to vacate by noon
• Schedule the move-out inspection for the morning of the last day or the day after
• Do not accept any rent payment for the period after expiry unless you intend to continue the tenancy

Our Ending a Tenancy in Alberta guide covers fixed-term expiry, the overholding scenario, and the move-out inspection process step by step — including what to do if the tenant doesn't leave.

See more Alberta guides →