Renting 101A Guide to Renting
in Alberta
for Students andFirst-time Renters
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© February 2009
Legal Resource Centre
ISBN 978-0-919792-46-3
For more information see www.landlordandtenant.org
This project was made possible through a grant from the Alberta Real Estate Foundation.
The contents are intended as general legal information only and should not form the basis for
legal advice of any kind.
LRC
Legal Resource Centre
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A Guide to Renting in Alberta iii
Introduction ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1
Know the Law: What Laws Apply to You As a Renter ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1
What is the Residential Tenancies Act? ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 3
Other Laws That May Apply to You ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 41. Laws According to Your Living Situation ............................................42. Laws That Deal with Specific Issues ...................................................5
Renting: Who is a Tenant? ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6
Moving In ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7
The Rental Agreement ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7What Is a Rental Agreement? ...............................................................7Types of Rental Agreements .................................................................7What Your Rental Agreement Should Include ........................................8Questions to Ask a Prospective Landlord Before You Sign a Rental Agreement .............................................8
Inspections: What You Need to Know ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9
Security Deposits ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 10
Living There ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11
Your Obligations as a Tenant ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11Your Obligations Under the RTA .........................................................11Contractual Obligations ....................................................................11
Your Landlord’s Obligations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12Landlords Renting Facilities Under the RTA Must: ................................12If Your Landlord Does Not Fulfill Their Obligations Under the RTA ........12
Rent ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 13Increasing Rent .................................................................................13Time Between Increases .....................................................................13Notice Requirements to Raise Rent .....................................................13
Contents
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iv Renting 101
Moving Out ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14
Ending Your Tenancy ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14Notice Periods to End a Periodic Tenancy ...........................................14Circumstances When Your Landlord May End Your Tenancy ..................14
Inspections ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15
Security Deposit ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15What Your Landlord Can Deduct ........................................................15Returning of Your Deposit ..................................................................16
Cleaning ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 16
The Rentcylopedia ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,17
Assignment ......................................................................................17Basement Suites ................................................................................17Bylaws ..............................................................................................17Condominiums .................................................................................17Deposit ............................................................................................18Discrimination ..................................................................................18Dogs ................................................................................................18Drugs (illegal) ...................................................................................18Eviction ...........................................................................................18Guests ..............................................................................................18Inspections .......................................................................................18Late Fees ..........................................................................................18Locks ...............................................................................................18Mobile Home ...................................................................................19Noise ...............................................................................................19Normal Wear and Tear ......................................................................19Notice of Entry .................................................................................19Number of Occupants .......................................................................20Painting ...........................................................................................20Parking ............................................................................................20Parties ..............................................................................................20Pets ..................................................................................................20Renew ..............................................................................................21Rental Agreement ............................................................................21Rent Increases ...................................................................................21Repairs .............................................................................................22Right of Entry ...................................................................................22Roommates ......................................................................................22Tenant insurance ...............................................................................22
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A Guide to Renting in Alberta 1
One of the most important things you can do before you rent is to take the time to learn
about the laws that apply to you and your rental situation. Whether you are a first-time
renter or you have been living on your own for a long time and have never had a problem,
you should make an effort to know the laws that govern and protect you as a renter. The
best time to do this is before you’ve rented your apartment, so you can enter your rental
agreement with confidence, knowing you’ve covered your bases. Even if you are already
renting, this booklet can help you as it covers the entire lifespan of renting – from signing a
lease, to moving in your furniture, to giving your notice and moving out.
Taking the laws that apply to renters in Alberta and presenting them in a useful, quick-
reference format, this booklet has many uses: Renting 101: A Guide to Renting in Alberta can be
used as a convenient ready-reference source for students and first-time renters. This booklet will
walk you through the rental process so you, as a renter, can live responsibly and hassle-free.
Before you read this booklet, make sure you know what laws apply to you by doing the
“What Laws Apply to You As a Renter” exercise in the following section.
Know the Law: What Laws Apply to You As a Renter
Introduction1
If you have decided to rent while you are
in school, it is important to know the laws
that apply to you. Knowing the bylaws, acts,
and standards that apply to you as a renter
may save you time and possibly money. In
Alberta, there are many laws that protect and
govern you as a renter. For the most part, the
Residential Tenancies Act (RTA) is the law that
affects renters. However, there are some living
situations where the RTA will not apply to you
and other laws will apply. Also, there are other
laws that will apply to everyone, such as the
Human Rights Citizenship and Multiculturalism
Act and the Personal Information Protection Act.
The next section contains a list of three
questions you can ask yourself to help
understand what laws will apply to your living
situation.
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2 Renting 101
1. Do you rent an apartment, house, basement suite, condominium or subsidized public housing?
If YES … If NO….
The Residential Tenancies Act (RTA)
applies to you. This means that even if
you are renting a house that belongs to the
College or University you are attending and
have exclusive possession of the house, the
RTA still applies to you.
Note that subsidized public housing and
self-contained condominiums are covered
by additional laws. If you live in either of
these, proceed to the next question to see
what other laws apply to you.
The RTA does not apply to you. See the
following question to see if your living situation
is described.
2) Are you living in a student dormitory? If YES … If NO….
A rental in this situation is NOT
covered by the Residential Tenancies Act.
This means that any agreement you came to
with the landlord (in this case probably an
educational institution), would be the terms
under which you would live in the dorm.
If you live in a student dormitory, you
should get to know the rules that your
school has set out for you as a tenant.
If you are not living in a student dormitory,
proceed to question three to find out what laws
do apply to you.
3) Do you live in a place where you share personal living space with your landlord? (This includes a bathroom, a kitchen, or an entryway where you have access to each other’s living quarters). If you are living in a rooming house and your landlord lives with you, you would fit into this category.
If YES … If NO….If you share living space with your
landlord, you are not considered to be a
‘tenant.’
This means that the Residential Tenancies
Act (RTA), the Act that deals with most
landlord and tenant issues, does not apply
to you and you are not protected under this
law.
If this is your living situation, the
agreement that you make with your landlord
will determine your rights and obligations.
If your living situation is not described in
any of these questions, you may want to contact
Service Alberta for further clarification.
Service Alberta’s Consumer Contact Centre is toll-free and can be reached anywhere
in the province of Alberta:
1-877-427-4088
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A Guide to Renting in Alberta 3
You may have noticed that the Residential
Tenancies Act applies to the majority of
situations that have been mentioned. So what
exactly is the Residential Tenancies Act?
The RTA is the main law that outlines the
rights and responsibilities of the majority of
landlords and tenants in that live in Alberta. In
Alberta, the Residential Tenancies Act, or
the RTA, is regulated by Service Alberta,
which is one of the Ministries of the Alberta
Government. Some of the issues that the RTA
covers include:
• Securitydeposits
• Typesoftenancyagreements
• Noticeperiodstoterminateatenancy
• Inspections
• Minimumstandardsofconductfor
landlordsandtenants
Because the RTA is regulated by Service
Alberta, you can call Service Alberta’s
Consumer Contact Centre. However, before
you call the Consumer Contact Centre, you
should make sure that you have taken every
step to deal with and understand the problem,
because you may need to contact a different
department if a different law has been broken
(for example, health and sanitation issues are
dealt with by health authorities).
Generally, each of the laws are similar
in that if the law is broken, the person who
breaks the law can be penalized through fines
or other means. The most important difference
between these laws, however, is who enforces
each law. Depending on which law is broken,
you will need to consult a different source.
Inthisbooklet,mostoftheinformation
thatisprovidedrelatestosituationscovered
undertheRTA,soifyoursituationisnot
coveredbytheRTA,makesurethatyou
understandwhichlawsapplytoyou.
What is the Residential Tenancies Act?
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4 Renting 101
Other Laws That May Apply to You
1. Laws According to Your Living SituationDepending on your situation, there are different laws that will apply to you and your
landlord. Some of these laws will depend on what type of place you are renting. See the chart
below for more information:
Resid
entia
l Te
nanc
ies
Act
Cond
omin
ium
Pr
oper
ty A
ct
Coop
erat
ives
Ac
t
Innk
eepe
rs A
ct
Mob
ile H
ome
Site
s Te
nanc
ies
Act
Colle
ge/
Uni
vesit
y Ru
les
Apartment nAttached to a businessBasement suite nCondominium n nCo-operative Housing nHouse nHotel room nMobile home site nSharing with your landlordStudent dorm room nSubsidized public housing n
Condominium Property ActThis Act outlines additional issues that
are involved when you are living in a condo.
For example, additional requirements relate
to giving notices to the condominium board
in addition to the owner/landlord. There are
also circumstances outlined in this Act where a
condominium board can serve a notice to you
to end a tenancy, even if your landlord/owner
of the unit hasn’t given you notice and may
not want to do so. Also, each condominium
corporation has its own bylaws that tenants
must follow.
Cooperatives ActUnder the Act, cooperative housing units
have specific provisions for terminating
a membership and evicting a member.
Additionally, each cooperative has its own
bylaws that you are required to follow.
Innkeepers ActThis Act outlines you and your landlord’s
obligations when you are paying for lodging in
a hotel or motel for under six months.
Mobile Home Sites Tenancies ActApplies to people who own a mobile home
and rent the mobile home site from a landlord.
This law sets out the rights and responsibilities
that apply to these tenancies.
College/University RulesIf you are renting a student dorm room,
or any on-campus student housing from your
school, you should make sure you know what
the rules are that apply to you.
If the place you live is described above, you should be aware that the laws that govern and
protect you may be different. Visit www.landlordandtenant.org or call Service Alberta’s Consumer
Contact Centre at 780-427-4088 or toll free: 1-877-427-4088 for more information.
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A Guide to Renting in Alberta 5
2. Laws That Deal with Specific IssuesIn addition to laws that deal with particular types of rental premises, there are laws that
contend with specific issues, such as safety and hygiene; protection of privacy; and building code
regulations. Consult the list below:
Personal Information Protection ActThis Act protects individual privacy by
requiring private-sector organizations (your
landlord) to obtain your consent for collecting,
using and sharing your personal information.
Public Health Act (Housing Regulation)This Act sets out your landlord’s
obligations to adequately maintain your rental
premises. See the following section for more
details.
Safety Codes ActThe Safety Codes Act is the law that defines
codes and standards in areas such as building,
fire, electrical, gas (natural and propane),
plumbing and private sewage, and elevators.
StatuteofFraudsRequires that every contract creating an
interest in leasehold for three years or more
must be in writing and signed by the parties.
(This law is actually a British law passed in
1677 that still applies in Alberta today.)
Three of the laws listed above are of
particular importance for you to know,
because they affect your standard of living,
your privacy and your human rights. In each
of these cases, you will need to go to someone
different if you have a problem, question, or
wish to file a complaint.
Alberta Building Code (ABC) The ABC sets out standards for the design
and construction of new buildings. It also
applies to the alteration, and change of use
of existing buildings. In particular, the ABC
outlines what is safe and acceptable in a
secondary suite. Issues such as ceiling height,
window size, and exit stairways are considered.
MunicipalBylaws–(Ifyouliveinacity)If you live in a city or town, municipal
bylaws will affect you. Bylaws deal with
issues such as noise complaints, sidewalk
snow removal, and minimum maintenance of
buildings. Such bylaws are enforced by officers
in larger cities such as Calgary, Edmonton,
Medicine Hat, and Lethbridge.
Human Rights, Citizenship and Multiculturalism Act
This Act protects you from discrimination
and ensures that you are offered an equal
opportunity to find a place to live and enjoy
services available to the public without
discrimination. See the following section for
more details.
MinimumHousingandHealthStandardsThese standards outline in detail what is
acceptable and what is not in a rental unit.
See the following chart for more details.
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6 Renting 101
Human Rights, Citizenship and Multiculturalism Act in AlbertaThis Act protects you from discrimination and ensures that you are offered an equal opportunity to find a place to live and enjoy services available to the public without discrimination.
This means your landlord cannot discriminate against you on the basis of:• Race • Color • Ancestry • Place of Origin • Religious Beliefs • Physical Disability• Mental Disability • Marital Status • Family Status • Source of Income • Sexual Orientation • Gender (including pregnancy Sexual harassment & gender identity)
If you feel that you have been discriminated against on the basis of any of these issues, you can contact the Alberta Human Rights and Citizenship Commission’s Northern Regional Office at (780) 427-7661; Southern Regional Office at (403) 297-6571, or go to www.albertahumanrights.ab.ca
Personal Information Protection ActThis Act protects individual privacy by requiring private-sector organizations (your landlord) to obtain your consent for the collecting, using and sharing your personal information.
If you want to make a complaint about the improper handling of your personal information by your landlord, contact the Office of the Information and Privacy Commissioner of Alberta toll-free in Alberta 1-888-878-4044
Minimum Housing and Health Standards (Part of the Public Health Act)The primary intent of the Minimum Housing and Health Standards is to establish minimum conditions which are essential to good health and which make rental premises safe, sanitary and fit for human habitation. The Standards outline various aspects of housing issues, covering topics such as mice and insect infestations, acceptable ventilation and plumbing, minimum temperature your house can be in the winter, etc.
If you have concerns regarding the quality of your living conditions, you should contact your local Health Authority or go to www.health.alberta.ca for more information.
Renting: Who is a Tenant?
If you are renting or you are going to
rent, it is very important to understand who
is considered a tenant by law in Alberta. This
is important to know because if someone
is living in a rental premises and is not
considered a tenant, they are not necessarily
bound by the same obligations or protection
under the RTA.
• A tenant is someone who is allowed by
the landlord to live in the rented premises
under the residential tenancy agreement.
• If you are renting and you’ve signed an
agreement with your landlord, you are a
tenant.
• Atenantcanalsobesomeonewholivesin
the residential premises under a sub-lease
to which the landlord has consented.
• If you have roommates and your landlord
has agreed to them living there with
you, they are also tenants. However, a
person who has not signed the tenancy
agreement will not necessarily be bound
by rights and obligations in the agreement
that are agreed to independently of the
requirements of the Residential Tenancies
Act.
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A Guide to Renting in Alberta 7
Once you have found a place you will
need to sign a Rental Agreement, lease, or a
residential tenancy agreement.
What Is a Rental Agreement?• Simply put, a rental agreement is either
a written or oral contact that is agreed to
by a landlord and a tenant. The terms of
the contract will govern your relationship
except where they conflict with the RTA.
• Rental agreements can be called by
different names: a residential tenancy
agreement, lease, or rental contract are all
considered to be rental agreements.
• Every rental agreement can be different,
so read it carefully before you sign it and
make sure you understand what you are
agreeing to.
• If your rental agreement is covered by the
Residential Tenancies Act, there are some
limitations on what you can agree to. If
your agreement is not covered by the RTA,
you can agree to anything provided it is not
illegal.
• If the RTA applies to the rental agreement,
there are items that are automatically
implied whether or not they are included
by you and your landlord. An example
would be notice periods that you and your
landlord must give each other before you
decide to end the tenancy.
• Once you sign the rental agreement, you are
legally bound to anything you agreed to.
• Thewrittenrentalagreementshould
contain all of the promises that the landlord
or the landlord’s agent has made to you,
and should not contain anything that
contradicts what the landlord or the agent
told you.
Types of Rental AgreementsIn Alberta, there are two types of tenancies:
fixed term and periodic. It is important to
know which kind of tenancy you have because
the rules relating to the two kinds of tenancies
are different, particularly the rules in relation to
ending a tenancy or increasing rent.
A Periodic Tenancy means that you rent
premises without a definite end date until either
you or the landlord give notice that the tenancy
has ended and you pay rent on a periodic
basis. Payment can be weekly, monthly, or
annually.
A Fixed Term Tenancy means that you
agree to rent premises for a fixed length of time
even if you are paying a monthly, weekly, or
annual rent. An example of this is you agree
to a six-month or one year lease. At the end of
the agreed time, it is assumed that you are no
longer going to live there, unless you and your
landlord agree to renew your agreement.
Moving In2The Rental Agreement
If the lease or rental
agreement refers to
another document, such
as “Tenant rules and
Regulations,” get a copy
and read it before you sign
the written agreement.
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8 Renting 101
What Your Rental Agreement Should Include
There are some things that your lease should
include. Make sure that your rental agreement
includes:
• thenamesofall roommates who are living
there (if you want them to be included as
tenants and bound by the terms of the tenancy
agreement);
• thenameofthelandlordandtheircontact
information;
• theaddressoftheplaceyou’llberenting;
• theamountoftherent;
• thedatethetenancyistostartandtheterm
of the lease. This will determine whether the
tenancy is periodic or fixed term;
• whentherentisdue,howit’spaid,andto
whom it’s paid;
• theamountofthesecuritydeposit;
• anyadditionalfees(latefees,petfees,key
fees, etc);
• whoisresponsibleforpayingutilities(gas,
electric, water, and trash collection);
• ifyouarerentingahouse:whoisresponsible
for the yard (cutting grass, shoveling snow);
• repairs:ifthelandlordisresponsibleand
when they’ll be done;
• Otherconditionsthatapplytouseofthe
property, such as smoking or non-smoking,
or rules for common areas;
• Whatthesecuritydepositcovers,for
example, keys only, keys and damage,
damage only, damage by pets only;
• detailsofhowthetenancymaybeended
including notice periods; and
• whatisincludedinthepropertythatis
rented.
Otherthingsyoumaywanttohaveincludedin the lease include:
•Anoptiontosubletoversummermonths;
• whethersmokingisallowedornot;and
• Ifpetsarepermitted.
Questions to Ask a Prospective Landlord Before You Sign a Rental Agreement• Arethereotherstudentslivinginthe
building?
• Havetherebeenanymajorrepairsor
renovations done in the past year?
• Areanymajorrepairsanticipatedforthe
upcoming year?
• Whowillberesponsibleforrepairs,
including small ones?
• Willanyrepairs,includingsmallones,that
are to be completed before I move in, be put
in writing?
• Isthereaphonenumberatwhichthe
landlord or superintendent can be reached in
case of emergency?
• Howisrentpaymenttobemade(bymail,
by giving it to the janitor or directly to the
landlord)?
• Whereisthenearestlaundromatifthereare
no laundry facilities in the building?
DOs and DON’Ts of Rental Agreements:
® DON’T feel rushed into signing the rental agreement before you
understand everything.
® DON’T Assume that by renting you have access to the garage/yard/
storage/exercise room – make sure that your privilege to use these
things is in writing.
® DO ask your landlord questions and feel free to discuss anything that
isn’t included in the lease.
® DO seek outside advice and information–
go to www.landlordandtenant.org
® DO have EVERYONE who will be living there sign the rental agreement.
It’s more difficult to make sure all your roommates are responsible if
they are not also bound by the tenancy agreement.
® DO make sure you understand the rental terms (fixed term or periodic?
Late fees? Is rent paid on the 31st, or the 1st?)
Every written tenancy
agreement must include
the following statement in
larger print than the rest of
the agreement: “The tenancy
created by this agreement is
governed by the Residential
Tenancies Act and if there
is a conflict between the
agreement and the Act, the
Act prevails.”
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A Guide to Renting in Alberta 9
Inspections: What You Need to Know
After the inspections at the beginning and
the end of the tenancy, your landlord must
give you a written report of the inspection
immediately. The report will describe the
condition of the property. If you disagree with
anything on the form, the items should be
clearly marked as a record. Written reports can
also be completed after any extra inspections
that you and your landlord agree to, but extra
inspections are not required by law.
If a landlord does not carry out an
inspection either before or after the tenancy, he
or she cannot deduct anything from a security
deposit for damages that go beyond normal
wear and tear.
Landlords must keep inspection report
records for three years after a tenancy has
ended.
Inspection Tips® Attend the inspection with your landlord. This will help prevent any problems later.
® Try to arrange your inspection in the daytime.
® Point out anything you notice that could be considered damage and make sure it gets
written down.
® Try to do the inspection before you move your furniture in – tables and sofas can hide
stains, rips, or scratches that you may not notice until you move out.
® Be thorough: open drawers, look under sinks, in the refrigerator, in the stove..
® Inspection reports can also include pictures – consider taking along a camera.
The law requires that at least two formal
inspections of the rented property be carried
out. One must take place within one week
of the day you move in and the other must
happen within one week of the day you move
out.
Your landlord must give you two
opportunities to attend inspections by
suggesting two different days that are not
holidays. The law says that the inspection can
take place between 8 a.m. and 8 p.m.
Inspections are very important because:
• bothyouandyourlandlordacommon
understanding of the condition of the
property at the beginning and end of
the tenancy; and
• Yourlandlordcanmakedeductionsfrom
your security deposit at the end of the
tenancy for damage caused. Recording any
damage of the property before you move
in ensures you are not charged for it when
you move out.
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10 Renting 101
• Asecuritydepositissomethingthatyou
give to your landlord at the start of a
tenancy on the understanding that it will
be returned if you meet certain conditions.
The conditions will depend upon the
reason that the landlord asks for a security
deposit. Usually the reason will be to make
sure that the rented property is returned in
good condition.
• Alandlordmaywanttochargekeyor
pet fees. A landlord may refer to these
deposits as additional fees or charges.
While these are not against the law,
if they are refundable to the tenant
they are added to the security deposit
amount.
• Thegrandtotalofallofthecharges
cannot exceed the amount of the first
month’s rent.
• Alandlordcannotchargeasecurity
deposit plus an additional “deposit,” if
the total amount exceeds the amount of
the first month’s rent.
• Asecuritydepositisnotrequiredbylaw,
but it is legal for a landlord to request
that you give a security deposit. The
landlord can offer the tenancy on the
basis that you pay a security deposit.
You then have a choice to take the
tenancy or not. It might be possible to
negotiate with the landlord about the
amount of the deposit or whether one
should be paid or not.
• Thelawdefinesasecuritydepositasmoney
or property a landlord holds as security that
a tenant will fulfill an obligation or pay a
liability, or money or property that will be
returned to a tenant when a condition has
been fulfilled.
• Thismeansthatalandlordcandeduct
money from the security deposit for items
the tenant is liable for at the end of the
tenancy. This can include rent arrears, cost
of repairs for damage caused by the tenant,
costs of cleaning for items that are beyond
normal wear and tear. If a tenant considers
they are not liable for any costs, legal
action can be taken against a landlord.
• Therentalagreementcanalsospecifyany
other condition for return of the security
deposit. For example, in respect of the
return of keys, or for specific maintenance
and repair items. It is important to have
a clear understanding about exactly what
the deposit represents and what conditions
have to be filled for the deposit to be
returned at the end of the tenancy.
• Thelawrequireslandlordstoputthe
security deposit in an interest-bearing
trust account in a bank, treasury branch,
credit union, or trust company in Alberta
within two banking days of receiving the
money.
• Theinterestmustbereturnedtoyou.The
law states that the interest is to be paid to
the tenant at the end of each tenancy year,
but you and your landlord can agree in
writing that the interest on the account will
be paid at the end of the tenancy.
Security Deposits
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A Guide to Renting in Alberta 11
Your Obligations as a Tenant
5. Follow the rules in their tenancy agreement
(for example, follow rules about pets,
waterbeds, and the number of people who
can stay with the tenant).
6. Give the required notice in writing if they
are going to move out.
Contractual Obligations Other terms that are agreed to by you and
your landlord in the rental agreement that are
not included in the RTA include:
• not smoking in your apartment or
anywhere on the rental premises;
• nothavingpets,oronlyhavingacertain
number of pets; and
• specificobligationssuchasshovelingsnow
or cutting the lawn.
Living There3
The rules that a tenant must follow fall
into two groups:
1. The rules that are implied by law, even
if the agreement between you and your
landlord says something different.
Depending on your situation, different
laws may apply, such as the Residential
Tenancies Act or the Condominium Property
Act.
2. The rules that you and your landlord agree
to in the rental agreement.
Your Obligations Under the RTAThe Residential Tenancies Act sets outs
obligations that you must adhere to as long
as you are renting. If you do not follow these
rules, your landlord has the right to terminate
your tenancy.
WhatareaTenant’sObligationsUndertheRTA?1. Paytherentasrequiredbyyourtenancy
agreement. Non-payment of rent is a valid
reason for a landlord to issue an eviction
notice.
2. Look after the rental unit, keep it clean and
not damage it.
3. Do not interfere with the landlord’s rights
or the rights of tenants in other units.
4. Do not break criminal laws in or around
the rental unit (for example, cause damage
or carry on illegal trade).
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12 Renting 101
Your Landlord’s Obligations
Other ObligationsOther obligations that your landlord may
have will depend on what you’ve both agreed
to in the rental agreement as long as these
agreements do not conflict with the RTA.
Some of these obligations can include:
• repairingproblemswithinacertain
amount of time; and
• specificobligationssuchasshovelingsnow
or cutting the lawn.
If Your Landlord Does Not Fulfill Their Obligations Under the RTA
The RTA says the tenant may apply
to court for one or more of the following
remedies:
• recoveryfordamagesbecauseofthebreach
or contravention by the landlord;
• reductioninrent(abatementofrent)ifthe
tenant has lost a benefit of the tenancy; and
• compensationforthecostofperforming
the landlord’s obligations; and
• terminationofthetenancybyreasonof
the breach or contravention.
Your landlord also must follow the rules
that are implied by law and the rules agreed to
in your rental agreement.
Landlords Renting Facilities Under the RTA Must:• tellthetenantinwritingwhothelandlord
is so the tenant can send notices or other
documents to that person;
• payinteresttotenantsonsecurity
deposits (the rate of interest is set each
year by the Government of Alberta); and
• provideareasonablysafeandcomfortable
place for tenants to live. Landlords must
ensure the structure of the building is safe,
the heating and plumbing systems work,
and wind, rain and snow cannot enter the
building.
• Landlordsmustalsogivetenantsatleast
three months notice in writing before they
increase the rent; and
• giveavalidreasonasdefinedbytheRTA
for asking tenants who are paying monthly
rent to move out (for example, the landlord
or a relative is moving in, or the premises
have been sold or are going to be torn
down).
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A Guide to Renting in Alberta 13
When you rent a place to live in Alberta,
you and the landlord can agree on whatever
amount of rent is appropriate. There is no
law that states what a fair rent is. A landlord
can offer a place at a certain rent and it is up
to you as a tenant whether you take it at that
price or not, or negotiate a different price. The
only issues for tenancies that are covered by
the Residential Tenancies Act is how and when
rent can be increased, and what happens if rent
is not paid.
Increasing RentIf you have a periodic tenancy (e.g., week
to week or month to month), the law allows
the landlord to increase the rent. The law does
not limit the amount of the rent increase,
but the law does say when and how often an
increase can take place
Time Between IncreasesAs of April 2007, rent cannot be increased
unless 365 days have passed since the last
increase and the start of the tenancy, or
whichever is later.
Notice Requirements to Raise RentA landlord must give written notice to
a tenant before increasing rent in a periodic
tenancy. The notice must be in writing. In
order to be clear, it must state the amount of
the increase and the date when the new rent
will start. The landlord must also sign it. If
the notice omits any of these details it will be
ineffective and void.
The notice can be delivered to the
tenant by hand or sent by registered,
certified, or regular mail. If the landlord is
unable to serve the notice on the tenant
because the tenant is not at the rented
premises or is evading service, the notice
can be given to any adult who lives with
the tenant or posted on a conspicuous
place at the rented property.
If the landlord cannot serve notice by
any of the preceding methods, he or she can
send the notice electronically. The electronic
delivery must result in a printed copy being
received by the electronic device at the
residential premises. As long as the landlord
can establish that he tried to give the notice
to a tenant in one of these ways, it will not
necessarily mean the notice is invalid if the
tenant did not actually see the notice. If the
notice is not served by any of the permitted
methods it will be ineffective and void.
Rent
Did you know … ?
The courts strictly apply the time limits set out in the Residential Tenancies
Act for servicing notice of a rent increase. If the notice is not served with
sufficient time, it will be ineffective.
For a Weekly Tenancy: a written notice of rent increase of at least 12
tenancy weeks must be given before the date when the increase will take
effect. This means the notice must be given at least the day before the rent
increase is due to take effect 12 weeks later.
For a Monthly Tenancy: a written notice of at least 3 tenancy months
must be given before the date when the rent increase will take effect. This
means the notice must be given at least the day before the rent increase is
due to take effect three months later.
For any Other Period of Tenancy: a written notice of at least 90 days
must be given before the date when the rent increase will take effect. This
means the notice must be given at least the day before the rent increase is
due to take effect 90 days later.
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14 Renting 101
Ending Your Tenancy
the 14th of the next month. The notice must
be given on or before the first day of the one-
month notice period.
Circumstances When Your Landlord May End Your TenancyIfyouarerentingfromyouremployer(eg.
workingasalive-innannyorifyouare
workingandlivinginahotelforthesummer)
and your job is terminated, notice to vacate
premises must be whichever period is the
longest:
• the period of notice required by law to
terminate the employment,;
• the period of notice that you and your
employer agreed to, or:
• one week.
Noticeperiodtoendatenancylinkedto
conversionofpropertytocondominiums:If
your landlord requires vacant possession to
convert the residential premises to
condominiums, periodic tenants have to be
given a full year’s notice to end the tenancy and
rent cannot be increased during the year.
Noticeperiodtoendatenancyinorderto
completemajorrenovations: If your landlord
requires vacant possession of the residential
premises to undertake major renovations,
periodic tenants have to be given a full year’s
notice to end the tenancy and rent cannot be
increased during the year.
Moving Out 4
When you move out, it is important to
give adequate notice to your landlord, or you
risk losing your deposit or being taken to
court by your landlord. If you have a periodic
tenancy, you can end it at any time with the
required amount of notice. You can also end
your tenancy when your landlord breaks the
tenancy agreement.
Notice Periods to End a Periodic Tenancy • Week-to-weekTenancy: A tenant must
give a landlord notice of one week. The
notice must be given on or before the first
day of the tenancy week to be effective on
the last day of the tenancy week.
• Month-to-monthTenancy: A tenant
must give a landlord notice of one tenancy
month. A tenancy month is the period
for which rent is paid which may not
be the same as a calendar month, for
example, from the 15th of one month to
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A Guide to Renting in Alberta 15
When you move out, inspections are just as
important as when you move in. Just as your
move-in inspection must take place within one
week of the day you move in, your move out
inspection must happen withinoneweekof
thedayyoumoveout.
For more information on inspections
review “Inspections: What you Need to Know”
in the Moving In section of this booklet.
Inspections
Security Deposit
• Keep in mind that the rules that apply to
the security deposit when you move in, also
apply when you move out.
• Your landlord can deduct money from
your security deposit for items that you are
liable for at the end of the tenancy. This
can include rent arrears, cost of repairs for
damage caused by you (or someone else),
and costs of cleaning for items that are
beyond normal wear and tear. If you think
you are not liable for any costs, legal action
can be taken against your landlord.
• The rental agreement can also specify any
other condition for return of the security
deposit. For example, in respect of the
return of keys, or for specific maintenance
and repair items.
• The law requires landlords to put the
security deposit in an interest-bearing
trust account in a bank, treasury branch,
credit union, or trust company in Alberta
within two banking days of receiving the
money.
• The law states that the interest is to be paid
to the tenant at the end of each tenancy
year, but you and your landlord can agree
in writing that the interest on the account
will be paid at the end of the tenancy.
What Your Landlord Can DeductSome examples of damages to the physical
condition of rental premises for which
deductions may be made (when inspection
reports are properly completed) include:
• steam cleaning of rugs with obvious
dirt, soil, oil or urine stains or holes;
• badly repaired holes in walls;
• pushed in door panels;
• food, dirt or nicotine on walls,
cupboards and appliances;
• broken glass;
• holes in window screens;
• garbage or litter strewn about; and
• pet excrements.
Some examples of normal wear and tear for
which deductions are not generally allowable
are:
• professional shampooing of rugs, when
there were no excess foreign materials; and
• professional cleaning of drapes, when there
were no excess foreign materials.
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16 Renting 101
Returning of Your DepositWithin 10 days from when you give up
possession of the premises, your landlord
must:
• return the balance of the deposit to you
with a statement that lists the damages,
repair costs, and cleaning charges, or
• give you an estimate of deductions that will
be made and return money that will not be
used.
Within 30 days of your giving up possession,
you must be given a final statement and the
balance of any money that is owed to you.
• Washthecupboardsinsideandoutside.
• Cleaninsideandoutside(exceptmulti-
level buildings) of all windows/tracks,
closet doors/tracks and patio doors/
tracks.
• Washwallsandfloors.
• Dustcurtainrodsandwindowcoverings
or replace yours with the landlords.
• Dustorwashfansandvents,light
fixtures, replace burnt out light bulbs.
• Checkthesmokedetector,replace
batteries as needed.
• Cleanbathroomthoroughlyincluding
the tub, tile, sink, vanity, mirror,
medicine cabinet, cupboards and toilet .
• Vacuumandcleanthecarpets,if
necessary.
If a landlord does not return all or part
of a security deposit, you can take legal
action against the landlord for the amount
outstanding. You can take legal action
even when your landlord has given you
a statement of account, but you disagree
with the accounting.
Cleaning
To avoid problems with your landlord, and
decrease the chance of having any deductions
made to your security deposit, you should
leave your rental premises in as good of shape
as it was when you moved in.
If your landlord has not provided a
cleaning list, you should alwayscheckwith
thelandlordtoseeiftheyhaveacleaninglist.
The following is a suggested cleaning list for
tenants to use if they are unsure of the cleaning
that needs to be done when they are moving
out of the residential premises.
• Cleaninside,outside,behindandunder
the fridge and defrost and clean the freezer.
• Leavethefridgedooropenifthepowerhas
been turned off.
• Cleaninside,outside,behindand
under the stove and clean the oven and
burners on the stove.
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A Guide to Renting in Alberta 17
AssignmentAn assignment occurs when a rental agreement
already exists, and you agree to step into the
place of the tenant. The rental agreement is
assigned completely with no change in terms
and conditions. However, unless the original
tenant obtains a release from the landlord, they
remain responsible for the rent. A release will
be a new agreement, which releases the original
tenant from all their obligations.
Basement SuitesSelf-contained basements suites are subject to
the RTA, which means that the rules in this
booklet apply to you as a tenant, even if your
landlord is living on the main floor above you.
Basement suites are covered in the
Minimum Housing and Health Standards, so it
is a good idea to familiarize yourself with the
safety standards before you choose to rent a
basement suite. For example, the law says that
windows must be a certain size and easy to
open.
BylawsBylaws are the rules and regulations that are
adopted and enforced by an organization or
city. If you are living in a city, you should
make sure that you know what bylaws apply
to you. Also, most condominium boards have
their own set of bylaws. Breaking a bylaw is
considered to be an offence, which means that
you may face eviction for not obeying the law.
CondominiumsIf you are renting a condo, you are still covered
by the RTA. It is important to note, however,
that the Condominium Property Act will also
apply to you. These additional requirements
relate to giving notices to the condominium
board in addition to the owner/landlord.
There are also circumstances outlined in this
Act where a condominium board can serve a
notice to you to end a tenancy, even if your
landlord/owner of the unit hasn’t given you
notice and may not want to.
The Rentcylopedia
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18 Renting 101
DepositDepending on your area, a deposit may be
referred to as a damage, security, or rent
deposit. In any case, it is money given to the
landlord at the start of the rental agreement
and returned to the tenant at the end of the
tenancy provided all the conditions of the
rental agreement have been met.
DiscriminationThe Human Rights, Citizenship and
Multiculturalism Act states that a landlord
cannot refuse to rent property to someone
on the basis of the person’s race, religion, sex,
physical or mental disability, ancestry, place of
origin, source of income or sexual preference.
If you feel that you have been discriminated
against on any of these grounds, contact the
AlbertaHumanRightsandCitizenship
Commission.
DogsSee Pets.
Drugs (illegal)One of your legal obligations as a tenant is to
not perform illegal acts or do illegal business
on the premises or the common areas or the
property of where you rent. This includes
the parking lot and yard. If you break this
obligation, your landlord can give you 14-days
notice.
Eviction The official process where the landlord legally
take measures to expel the tenant from the
rental premises. Evictions can happen for
various reasons including non-payment of
rent, unreasonable noise and disturbance of
other tenants, etc.
GuestsUnless you agreed in your lease agreement
that certain people could not visit the
apartment, your landlord cannot typically
prevent you from having particular guests.
If a guest is living in the premises,
your landlord can serve a notice requiring
that person to leave. Further, you have an
obligation to ensure that the rights of the
landlord and other tenants are not interfered
with, that no illegal acts or nuisances are
carried out on the premises, and that the
property is not damaged in any way. If you
or any of your guests breach any of these
obligations, your landlord can serve notice to
end the tenancy.
InspectionsAn inspection is a formal survey of your rental
premises. Ideally, both you and your landlord
should be present at the time of the inspection
and inspections should be done before your
furniture is moved into the premises.
Late FeesA landlord may charge a fee for late payment
of rent or an NSF fee only if the fee is clearly
stated in the tenancy agreement. If the tenancy
agreement allows for either of these fees to
be charged, the fees must be reasonable,
as landlords cannot impose unreasonable
penalties.
LocksAs a tenant, you do not need to ask the
landlord’s permission to install additional locks
or security devices, as long as they can only
be activated by someone from the inside of
the property (for ex ample, door chain locks).
However, the device or lock must be capable
of being either installed or removed without
causing damage to the property, or it must stay
when you vacate the property.
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A Guide to Renting in Alberta 19
Landlords do not have a statutory duty
to change locks after every tenant leaves, but
they do have a duty to provide proper locks
on rent ed premises. You can take legal action
against your landlord if it can be established
that the locks are inadequate.
If you decide to change the external
lock on your apartment door, you must get
permission from your landlord and give them
a key as soon as the change is made. It is
always a good idea to get this permission in
writing.
Mobile HomeA structure that is built to move from one
place to another and which is intended to
be lived in. A mobile home may or may not
have wheels. Holiday trailers and recreational
vehicles are not mobile homes when they are
being used for recreational purposes.
NoiseUnder the RTA, a tenant is entitled to the
possession and peaceful enjoyment of the
residential premises they are renting. You have
a legal obligation not to interfere with the
rights of other tenants, one of which is the
quiet enjoyment of their property. Although
the term “quiet enjoyment” does not literally
mean quiet, it does mean the right to enjoy
their rented property. If the noise or behavior
is affecting that enjoyment and you do not
change your behavior, your landlord could
serve notice to evict you on the basis that you
have breached your obligations under the lease.
Normal Wear and TearThe gradual worsening of the condition of
property over time that happens even when the
property is looked after properly.
• Forexample,evenifwallsareregularly
washed and cared for, eventually over
a number of years, they will have to be
repainted. This is normal wear and tear. If
the walls are not looked after, or walls have
holes knocked in them, this is damage, and is
not normal wear and tear.
• Anotherexampleisthatcarpetswearout
over time and have to be replaced, even
though they have been properly and regularly
cleaned. This is normal wear and tear.
Cigarette burns, oil stains, or pet stains in
the carpet that require expensive cleaning or
replacement of the carpet before it is worn
out is damage and not normal wear and tear.
Notice of EntryA landlord may enter the tenant’s residential
premises without consent, but only after giving
the tenant a written notice at least 24 hours
before the time of entry, to:
• inspectthestateofrepair of the residential
premises;
• makerepairstothepremises;
• control pests as required;
• showthepremisestoprospectivepurchasers
or mortgagees;
• showthepremisestoprospectivetenants
after the landlord or tenant has given notice
to end a periodic tenancy or in the final
month of a fixed term tenancy.
A landlord may enter the residential premises
with the tenant’s consent. If the landlord
obtains the consent of the tenant, a notice is not
required. The time for entry would be arranged
at a time convenient to both the landlord and
the tenant. Landlords can phone or meet with
tenants to obtain consent to enter the residential
premises. Consent can be verbal or in writing.
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20 Renting 101
Number of OccupantsPublic health laws require an owner of
property to ensure that all occupants have an
area for sleeping space. Other public health
laws require certain sanitary and health
standards that might be compromised if more
than a certain number of people live in the
premises. In addition, local municipal bylaws
might impact the number of people that can
live in a house or apartment.
Painting
In Alberta, the Public Health Act says that walls
must be easy to clean and floors must be clean
and sanitary. If this is not the case, you have
the right to lodge a complaint with a regional
health authority.
If you want to paint a room in your house,
you should discuss this with your landlord
before you move in, and make sure that you
agree about the color, whether a fee will be
deducted from your deposit, etc.
ParkingWhether or not parking is included in
your rent should be included in your rental
agreement. In some areas, you may need to pay
extra fees (such as university owned residential
areas or urban centers.)
PartiesAs a tenant, you have a legal obligation
not to interfere with the rights of other
tenants, one of which is the quiet enjoyment
of their property. If you live in a building
where other people are renting, you should
obtain permission from them before you have
your party. Also, you should be aware of any
municipal laws (or condo bylaws if you are
renting a condominium).
Keep in mind that one of your legal
obligations as a tenant is to not perform
illegal acts or do illegal business on
the premises, the common areas or the
property of where your rent. If you are
having the party, you are responsible for
any use of illegal substances or underage
drinking that may occur on the property.
PetsIf you want to have a pet, it is very important
to talk to your landlord about this and make
sure it is included in your rental agreement.
If you are already living there and you have
not discussed having pets with your landlord,
review your existing agreement and talk to
your landlord before you get your pet.
Some landlords allow pets and state
the conditions in the residential tenancy
agreement. Other landlords include a “no
pet” provision in a residential tenancy.
Some residential tenancy agreements
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A Guide to Renting in Alberta 21
have clauses prohibiting pets in a unit
unless the landlord specifically and in
writing allows a particular pet.
If you signed your residential tenancy
agreement and agreed to a “no pet” policy
and you bring in a pet later on without your
landlord’s permission, you are in violation of
the contract. This violation could result in the
landlord terminating your tenancy.
A landlord may want to charge a pet fee.
While such a fee is not against the law, if they
are refundable to the tenant, they are added
to the security deposit amount. Thegrand
totalofallofthechargescannotexceedthe
amountofthefirstmonth’srent.
If however, there is a separate non-
refundable, one time payment for having a pet
in the premises, that does not form part of the
security deposit. It is important to read the
rental agreement carefully, or to understand
any oral agreement you have, so that you can
determine what is security deposit and what
is not. For example, if your rental agreement
says that you have paid a $100 refundable
deposit for possible damages that your dog
might do, then that would likely be part of the
security deposit and you may receive all or part
of that deposit back when you leave. However
if your rental agreement says you must pay a
fee of $100 in order to be allowed to keep a
pet in your apartment, that is a one time, non-
refundable payment, and you won’t get any of
it back. The non-refundable fee is not part of
the security deposit.
If your landlord originally agreed to you
having a pet and no mention of pet fees were
discussed or written into your agreement, they
cannot demand a pet fee mid way though your
tenancy.
RenewTo enter into a new lease term for a rental
property after the existing lease term has
expired.
Rental Agreement A legally binding agreement to rent a
premises, either written or oral, between a
landlord and tenant.
Rent IncreasesWhen you rent a place in Alberta, you
and the landlord can agree on whatever
amount of rent is appropriate. There is no
law that states what a fair rent is. A landlord
can offer a place at a certain rent and it is
up to you as a tenant whether you take it
at that price or not, or negotiate a different
price.
The law in Alberta does not control
how much rent can be charged for any
particular property. The law does control
how often rent can be increased. For both
fixed term and periodic rental agreements,
the time between rent increases is one year.
The notice must be in writing. It must
state the amount of the increase and the date
when the new rent will start. The landlord
must sign it. If the notice omits any of these
details, it will be ineffective and void. The
notice can be delivered to you by hand or sent
by registered, certified, or regular mail.
Notice periods for rent increases:
• Foraweekly tenancy, a written notice of
rent increase must be given at least 12
tenancy weeks before the date of the rent
increase.
• Foramonthly tenancy, a written notice
must be given at least three tenancy
months before the date of the rent increase.
• Forany other period of tenancy, a written
notice must be given at least 90 days before
the date of the rent increase.
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22 Renting 101
RepairsThe Residential Tenancies Act imposes some
responsibility on both landlords and tenants
to keep rented property habitable and in good
condition, but does not say anything about
who is responsible for repairing specific items.
It is a good idea to establish clear responsibility
for repairs in the tenancy agreement so that
there is no confusion.
You cannot withhold rent to pressure your
landlord to do repairs. You have an obligation
to pay rent. The obligation to pay rent is
separate from any obligation your landlord has
to carry out repairs. If you stop paying rent,
your landlord can serve you with a 14-day
notice of eviction.
Right of EntryA landlord may enter the residential premises
with the tenant’s consent. If the tenant has
made the landlord aware of needed repairs,
the landlord may want to obtain the tenant’s
consent at that time to enter the residential
premises to complete the repairs. If a landlord
needs to enter all or several residential premises
in a complex, the landlord must give each
tenant notice of the entry. The tenant has the
right (under common law) to object to the
day or time the landlord wants to enter if it is
inconvenient. However, the tenant must give
the landlord a reasonable alternate day or time
to enter the premises.
RoommatesSomeone who lives in a rental property
with other tenant(s), sharing rent, the cost
of utilities and other expenses according to
mutually agreed upon terms.
Tenant insuranceAdditional insurance purchased by the tenant
to protect personal property contained in a
rental unit from loss due to fire, theft, water
damage and other circumstances. Specific
terms of coverage are determined by the policy
purchased from the insurer.
Secondary SuiteAn separate dwelling unit on a property
that would normally accommodate only
one dwelling. Secondary Suites can include
basement units and those built above detached
garages.
Security DepositA security deposit is something that you give
to your landlord at the start of a tenancy on
the understanding that it will be returned if
you keep certain conditions. The conditions
will depend upon the reason that the landlord
asks for a security deposit. Usually the reason
will be to make sure that the rented property is
returned in good condition.
A landlord may want to charge key or pet
fees. A landlord may refer to these deposits as
additional fees or charges. While these are not
against the law, if they are refundable to the
tenant, they are added to the security deposit
amount. Thegrandtotalofallofthecharges
cannotexceedtheamountofthefirstmonth’s
rent.
A landlord cannot charge a security
deposit plus an additional “deposit”, if the
total amount exceeds the amount of the first
month’s rent.
SmokingIf you have agreed to not smoke in your rental
property in your rental agreement, doing so
may result in an eviction.
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A Guide to Renting in Alberta 23
Student DormA rental premises where the landlord is the
educational institution and the tenant does not
have exclusive possession of the premises.
SublettingWhen a tenant rents a room or the entire
premises to someone else, but is still directly
responsible for the rent. If you are planning
to sublet a place, or if you want to sublet
to someone (even for a few months) The
Residential Tenancies Act requires a tenant to
get the written permission of a landlord to
sublet.
If you do make a request to sublet, a
landlord can only refuse on reasonable grounds
and cannotchargeafeeoraskforanything
for giving consent. If a landlord does not
answer the request to sublet within 14 days, he
or she is taken to have agreed to the request.
UtilitiesServices such as heat, water and electricity that
may or may not be included in the amount
of rent paid. Cable and telephone services are
usually not included.
If the cost of utilities is included in the
rental agreement, the landlord cannot impose
an additional charge by changing who pays for
the utilities without the consent of the tenant.
Renting101Feb2.indd 23 9/10/09 6:26:45 PM
Renting 101:A Guide to Rentingin Alberta
for Students andFirst-time Renters
Legal Resource Centre Ltd.#201, 10350 – 124 StreetEdmonton, AB T5N 3V9Phone: 780.451.8764Fax: 780.451.2341
Renting101Feb2.indd 24 9/10/09 6:26:45 PM