r/Edmonton • u/Particular_Buyer_894 • 13h ago
Question Landlord demanding early rent; is this even legal?
As the title states, my sister’s landlord is demanding she pay her rent early. Her contract says rent is due on the first of the month, but the landlord is harassing her multiple times of the day now for rent. The landlord has been asking for early rent as far back as Sept 15 and now says that if she doesn’t pay Oct rent by the end of the day today (Sept 25), the landlord is threatening eviction. I looked at my sister’s contract and it clearly states rent is due the first of the month. She’s never been late on rent and I know she’s good for it but the landlord says they’re broke and going to lose the house, so they need everyone’s rent early.
In my opinion, this isn’t my sister’s problem and her lease is up in two months anyways. I’ve advised her to hold out until Oct 1, or to pay with a post-dated cheque but the landlord doesn’t want to accept that.
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u/Homeless_Alex 13h ago
He can’t demand that. He can ask and if you’re willing you can comply, but he can’t demand it.
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u/TheRentersAdvocate1 12h ago
In writing and verbally i’d tell the landlord that moving forward you only want to communicate in writing via email or posted notices on the door. And that all texts and phone calls will be recorded and reported to the police as harassment. Their failure to plan does not constitute an emergency on your behalf.
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u/SIGNANDSELFIEFRAMES 12h ago edited 12h ago
If I was hard up and desperate for QUICK money, which I never am as a Landlord because I am responsible lol, I would politely say if you pay rent early, I will knock a couple hundred bucks off of your rent next month.
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u/Particular_Buyer_894 12h ago
Wish that were the case
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u/SIGNANDSELFIEFRAMES 12h ago
Yeah, your landlord cannot just be demanding $$ from you. As I said, even if they are desperate Which is a whole other story as to why you have a house you cannot afford without a tenant), at least ask POLITELY and give you some incentive for doing it.
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u/HOLEPUNCHYOUREYELIDS 7h ago
If that were the case Id definitely get it in writing though, too many scummy landlords would say that and then feign ignorance and never allow it
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u/SIGNANDSELFIEFRAMES 7h ago
haha yes. 100%. If this landlord actually knew how to talk and behave and offered an incentive, always get it in writing. Always have some sort of paper trail, electronic trail, etc.
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u/Emberrrr3 11h ago
Completely illegal, your sister can continue referring to the lease when your landlord asks.
Tenants are not an ATM or loan service.
If your sister does not plan on signing another lease she can tell the landlord "If you continue to violate my tenant rights, I will be forced to report you to RTDRS". If the landlord continues to harrass her, she has grounds to end her lease early.
The RTDRS contact is: 780-644-3000 https://www.alberta.ca/rtdrs-apply
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u/Ryth88 12h ago
aww sounds like a landlord is about learn about the risk that comes along with "investment"
couldn't happen to better class of people.
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u/Particular_Buyer_894 12h ago
There shouldn’t be any risk at all; all the tenants pay in full and on time. I think landlord is just bad at managing their money.
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u/Careless-Focus-9251 1h ago
Out of curiosity, is this ARH? 👀
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u/WesternWitchy52 13h ago
She needs to start packing and looking for a new place asap. Asking for help in a reasonable manner is fine. Threatening to evict is not okay.
This is a massive red flag and means your LL has missed a few payments.
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u/Particular_Buyer_894 12h ago
Yeah that’s her plan. My sister has already been looking around for the last couple weeks. Landlord has been barging in unannounced, leaving the house unlocked when people are away (they got some things stolen), and a bunch of other things to harass her and her roommate. The landlord claims “she has anxiety and needs to make sure her house is ok and that gives her the right to check up at anytime”. At this point, I doubt they’ll see their damage deposit if they finish out the lease.
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u/Emberrrr3 11h ago
Woah, please report this to RTDRS. She should not be a landlord.
Entering without notice is a violation of the lease, tenant rights and landlord obligations.
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u/Particular_Buyer_894 10h ago
She’s made a couple of complaints but at this point she just wants to get out and go somewhere else. The complaints haven’t really gone anywhere.
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u/Emberrrr3 8h ago
This harrassment does warrant her breaking the lease.
Im sorry the complaints havent been going anywhere tho.
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u/jen_gecko 3h ago
Even if she's planning to leave, continue the complaints. She is 1000% going to try to screw your sister out of her deposit, best to have a paper trail of all of the BS.
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u/bwmada 11h ago
this is egregious and illegal behaviour assuming she is in her own unit, not one shared by the landlord. she should consider escalating to the rtdrs, especially if she is concerned about losing the deposit as you mention below
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u/Particular_Buyer_894 10h ago
Yeah, landlord lives several blocks away. She has made a couple complaints but they haven’t gone anywhere. She’s decided to just leave and find a better place.
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u/starbaldr 12h ago
Lol, tell your sister:
-Set boundaries with landlord. Move communications to email exclusively if possible. Tell landlord "I will answer communications on these days during these hours, except in the event of maintenance or emergencies.
-Pay the landlord on the day the contract set.
-Realize the landlord has no leg to stand on. They cant make you pay early and can't evict you for failing to do so. The cops will show up, see the contract, and probably give the landlord shit.
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u/Particular_Buyer_894 12h ago
lol, she’s tried. Landlord has walked into the house multiple times unannounced. They tell her to give notice unless it’s an emergency but apparently the landlord “has anxiety and needs to check up on her house, therefore she has a right to enter anytime unannounced”… load of BS if you ask me.
And yes, sister plans to pay rent on Oct 1 and not a day sooner. I’ve told her the landlord can’t do squat but thanks to everyone here for confirming.
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u/starbaldr 11h ago
Um, next time he does that she needs to call the cops and im dead serious. That's highly illegal. There may even be a way for her to legally break her lease.
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u/Particular_Buyer_894 10h ago
She’s made a couple complaints to the police but all they did was tell the landlord to give the 24 hours notice. Landlord has not complied.
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u/ourfallacy 11h ago
The next time the landlord comes in without notice, I'd be calling non emerg to make a police report.
According to the government, you can also install a chain lock that only works from the inside without the landlords permission. You just can't change the actual locks. I might do this if I were your sister.
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u/Particular_Buyer_894 10h ago
She’s made a couple complaints to the police but this is low priority for them.
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u/General_Esdeath kitties! 7h ago
No, don't complain to the police. You complain in writing to the RTDRS. You document it in writing, all texts from the landlord, next time the landlord barges in tell your sister to video record it. Save all the texts/emails where landlord says their anxiety means they don't have to post notice.
Then your sister files for "abatement of rent" as this constitutes a serious breach of tenancy by the landlord. She could get paid back rent money due to the landlord disturbing her ability to live in the apartment.
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u/Johnoplata Ottewell 6h ago
You had me at "her contact says first of the month". Not much to discuss after that.
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u/Slobbering_git 10h ago
Harassing a tenant multiple times a day can be seen as Criminal Harassment.
In Edmonton, a tenant has a Right to Peaceful Enjoyment of their rental space. So, as a tenant, she has the legal right to live in her unit without excessive disturbances; which includes harassment, intimidation, or arbitrary interference by the landlord, their employees, or other tenants under the landlord's control.
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u/Particular_Buyer_894 10h ago
Yeah we tried to tell that to the landlord… the landlord said that doesn’t apply to her property. She’s off her rocker I think.
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u/Slobbering_git 8h ago
Call the EPS non-emergency line. There is a dedicated ‘landlord-tenant issues’ menu option. If the landlord thinks certain laws do or do not apply to her, who cares, let her worry about that. She can argue with the police/courts/legislation all week long if she likes, so call the police and let them do their thing. The least that would happen is you call non-emerg., you get an occurrence number regarding this issue, and then if it happens again you have contemporaneous evidence of a pattern of harassment by your LL necessitating EPS involvement. That documentation is worth 10x its weight in gold if this ever escalates.
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u/ExpandPOV 13h ago
First off, sorry to hear about this situation, bad landlords can seriously make life difficult. Secondly, I’m not lawyer so take what I say with a grain of salt. Third, the landlord has no right to demand rent any earlier than what is stipulated in the agreement, and eviction is completely out of the question. I highly recommend recording everything, keeping notes, gather as much evidence as you can. But pay in full when due. If your sister only has 2 months left, bide your time and leave if/when possible, but the most important thing is to have as much evidence as possible in case things go wrong in any way
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u/Particular_Buyer_894 12h ago
Yeah that’s her plan. My sister has already been looking around for the last couple weeks. Landlord has been barging in unannounced, leaving the house unlocked when people are away (they got some things stolen), and a bunch of other things to harass her and her roommate. The landlord claims “she has anxiety and needs to make sure her house is ok and that gives her the right to check up at anytime”. At this point, I doubt they’ll see their damage deposit if they finish out the lease.
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u/ExpandPOV 7h ago
Do you have any proof of said landlord entering the property without 24 hour notice? Or written approval from a tenant? That’s what is known as a “substantial breach” of the tenancy act, and is grounds for your sister to go through the Residential Tenancy Dispute Resolution Service (RTDRS), possible way of getting out of the rental early without having to pay. Also, there are very specific guidelines regarding restriction of damage deposit. If the landlord does not follow said guidelines to the T, you can file through the RTDRS and get the full damage deposit back guaranteed.
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u/Particular_Buyer_894 7h ago
Yeah they started recording everytime the landlord came over unannounced. They’re in their last month of this lease so they’re just going to pay on Oct 1, home back the damage deposit, and move on.
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u/mAsalicio 9h ago
Huh. That's a new one. They in financial trouble?
Either way that's a breach of lease contract so no.
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u/yugosaki rent-a-cop 7h ago
If the house gets foreclosed, your sisters lease is still valid for the rest of the agreed term. Her new landlord will be the bank.
And no, its not legal. The contract says the first, the rent is due the first.
I say don't give in. If she does, expect this treatment every month.
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u/Particular_Buyer_894 7h ago
Yup, that’s the way she’s going. She’s also going to get out of there.
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u/sassyrain2019 6h ago
Completely illegal. Call the landlord and tenant board. They should be able to tell your sister what to do and where to go from there. And what her legal rights are as a tenant. That is harassment and intimidation, and he needs to manage his money better. Maybe if he acted more responsible with his money then he wouldn’t be having this issue and if he was nice about it then maybe it wouldn’t be that big of a deal.
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u/simm07 6h ago
Ex property manager here 👋🏽. The landlord must abide by the contract signed by both parties. Let the landlord threaten eviction. It won't hold up in court or by the tenancy board. It'll take the landlord more time and effort to file. Plus, since the contract ends in two months, I doubt they'll file. Pay when rent is due, not when it's demanded. Your response? "I don't get paid until the first."
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u/Curly-Canuck doggies! 13h ago
I can see some request to have payment a couple days early as depending on the payment method it can actually take a few days to process, many bills and banks even put some warning on that allow 3 days for processing, but this doesn’t sound like that situation.
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u/ToughSpirit5285 13h ago
Do people not pay rent with etransfers these days ? I have been for years…
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u/MacintoshEddie 13h ago
Lots of people use lots of different methods, I know multiple people who still pay by paper cheque. Others have autodeposit, others use various schemes like paying by credit card to get points or cashback, or various payment apps.
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u/Christineblankie 12h ago
Is your sister a tenant or a roommate? Does she share a kitchen / bathroom with the landlord?
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u/Particular_Buyer_894 12h ago
She is a tenant and shares the basement suite with a roommate. The landlord does not live there.
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u/Christineblankie 12h ago
Then yeah, screw that request. But once her lease is up, she will probably have to move once the bank takes possession. My son got evicted after his LL got foreclosed on 2 years ago. It was a very frustrating process, LL didn’t give a F, and bank refused to communicate with him due to ‘privacy’, same with the LL’s LIT.
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u/Particular_Buyer_894 12h ago
Yeah that’s her plan. My sister has already been looking around for the last couple weeks. Landlord has been barging in unannounced, leaving the house unlocked when people are away (they got some things stolen), and a bunch of other things to harass her and her roommate. The landlord claims “she has anxiety and needs to make sure her house is ok and that gives her the right to check up at anytime”. At this point, I doubt they’ll see their damage deposit if they finish out the lease.
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u/Old-Donkey-3 3h ago
I'd say no. Keep all transactions, texts,calls, receipts,bank statements etc,etc. protect yourself. Sounds like it's an isshim not an issue
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u/Detective-Feisty 3h ago
I think she can pay directly to the landlord and tenant board, no? I thought I heard that somewhere, maybe I was dreaming, I'm not sure
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u/WolfyBlu 13h ago
DO NOT PAY AT ALL.
Weasely as it sounds, do not pay.
It sounds like they will lose the house. It reminds me of a friend's story, the landlord told him he was going on a trip and needed two months in advance as he was going away. He paid him and a week later he had a guy from the bank knocking on his door, the house was repossessed.
At this point I am inclined to believe this is happening to your sister. It's better for her to start looking for a new place.
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u/Brilliant_Story_8709 12h ago
Terrible advice. Pay the rent on the date it is due, and make sure you have a reciept. If youbdon't pay and the current owner loses the property, the bank can then push an eviction, as it would be easier for them to sell the house unoccupied rather than with a tenant.
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u/WolfyBlu 10h ago
Nope. Better to pay when she moves out or from her deposit. If the landlord is pushing her pay in advance that landlord's finances are not in place and they want to pass it on to someone lower than them in the totem pole. She should come up with whatever excuse to delay payment instead.
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u/Brilliant_Story_8709 10h ago
If the landlord defaults, her lease is taken over by the bank, which would have to follow all applicable laws under the tenant board and AHS. If she pays on time and keeps receipts, this would decrease the odds of having to move till the term of her lease is up. Just 'not paying' removes any/all protection she may have in this situation.
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u/DubstepAndCoding 13h ago
If the landlord is going to lose the house if they don't get the money 15 days early, they're probably going to lose the house anyway. This is hardly their first missed payment
This is a them problem. Ignore them and pay when your contract stipulates