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Renting 101

A Guide to Renting
in Alberta

for Students and


First-time Renters
© 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.
 

L
R Legal Resource Centre
C
Contents

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,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4
1. Laws According to Your Living Situation.............................................4
2. Laws That Deal with Specific Issues....................................................5
Renting: Who is a Tenant?,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 6

Moving In,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,7

The Rental Agreement ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7


What Is a Rental Agreement?................................................................7
Types of Rental Agreements..................................................................7
What Your Rental Agreement Should Include.........................................8
Questions 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,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 11


Your Obligations Under the RTA..........................................................11
Contractual Obligations .....................................................................11
Your Landlord’s Obligations,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 12
Landlords Renting Facilities Under the RTA Must:.................................12
If Your Landlord Does Not Fulfill Their Obligations Under the RTA.........12
Rent,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 13
Increasing Rent..................................................................................13
Time Between Increases......................................................................13
Notice Requirements to Raise Rent......................................................13

A Guide to Renting in Alberta iii


Moving Out,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14

Ending Your Tenancy,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14


Notice Periods to End a Periodic Tenancy ............................................14
Circumstances When Your Landlord May End Your Tenancy...................14
Inspections,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15
Security Deposit,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15
What Your Landlord Can Deduct.........................................................15
Returning of Your Deposit...................................................................16
Cleaning,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 16

The Rentcylopedia ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 17


Assignment.......................................................................................17
Basement Suites.................................................................................17
Bylaws...............................................................................................17
Condominiums..................................................................................17
Deposit.............................................................................................18
Discrimination...................................................................................18
Dogs.................................................................................................18
Drugs (illegal)....................................................................................18
Eviction . ..........................................................................................18
Guests...............................................................................................18
Inspections........................................................................................18
Late Fees...........................................................................................18
Locks................................................................................................18
Mobile Home....................................................................................19
Noise................................................................................................19
Normal Wear and Tear.......................................................................19
Notice of Entry..................................................................................19
Number of Occupants........................................................................20
Painting............................................................................................20
Parking.............................................................................................20
Parties...............................................................................................20
Pets...................................................................................................20
Renew...............................................................................................21
Rental Agreement .............................................................................21
Rent Increases....................................................................................21
Repairs..............................................................................................22
Right of Entry....................................................................................22
Roommates.......................................................................................22
Tenant insurance................................................................................22

iv Renting 101
1 Introduction

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

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.

A Guide to Renting in Alberta 1


1. Do you rent an apartment, house, basement suite, condominium
or subsidized public housing?
If YES … If NO….
The Residential Tenancies Act (RTA) The RTA does not apply to you. See the
applies to you. This means that even if following question to see if your living situation
you are renting a house that belongs to the is described.
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.
2) Are you living in a student dormitory?
If YES … If NO….
A rental in this situation is NOT If you are not living in a student dormitory,
covered by the Residential Tenancies Act. proceed to question three to find out what laws
This means that any agreement you came to do apply to you.
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.
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
If your living situation is not described in
landlord, you are not considered to be a
any of these questions, you may want to contact
‘tenant.’
Service Alberta for further clarification.
This means that the Residential Tenancies
Service Alberta’s Consumer Contact
Act (RTA), the Act that deals with most
Centre is toll-free and can be reached anywhere
landlord and tenant issues, does not apply
in the province of Alberta:
to you and you are not protected under this
1-877-427-4088
law.
If this is your living situation, the
agreement that you make with your landlord
will determine your rights and obligations.

2 Renting 101
What is the Residential Tenancies Act?

You may have noticed that the Residential Because the RTA is regulated by Service
Tenancies Act applies to the majority of Alberta, you can call Service Alberta’s
situations that have been mentioned. So what Consumer Contact Centre. However, before
exactly is the Residential Tenancies Act? you call the Consumer Contact Centre, you
The RTA is the main law that outlines the should make sure that you have taken every
rights and responsibilities of the majority of step to deal with and understand the problem,
landlords and tenants in that live in Alberta. In because you may need to contact a different
Alberta, the Residential Tenancies Act, or department if a different law has been broken
the RTA, is regulated by Service Alberta, (for example, health and sanitation issues are
which is one of the Ministries of the Alberta dealt with by health authorities).
Government. Some of the issues that the RTA Generally, each of the laws are similar
covers include: in that if the law is broken, the person who
• Security deposits breaks the law can be penalized through fines
• Types of tenancy agreements or other means. The most important difference
• Notice periods to terminate a tenancy between these laws, however, is who enforces
• Inspections each law. Depending on which law is broken,
• Minimum standards of conduct for you will need to consult a different source.
landlords and tenants In this booklet, most of the information
that is provided relates to situations covered
under the RTA, so if your situation is not
covered by the RTA, make sure that you
understand which laws apply to you.

A Guide to Renting in Alberta 3


Other Laws That May Apply to You

1. Laws According to Your Living Situation


Depending 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:

Univesity Rules
Innkeepers Act

Sites Tenancies
Condominium

Mobile Home
Tenancies Act

Cooperatives
Property Act
Residential

College/
Act

Act
Apartment n
Attached to a business
Basement suite n
Condominium n n
Co-operative Housing n
House n
Hotel room n
Mobile home site n
Sharing with your landlord
Student dorm room n
Subsidized public housing n

Condominium Property Act Innkeepers Act


This Act outlines additional issues that This Act outlines you and your landlord’s
are involved when you are living in a condo. obligations when you are paying for lodging in
For example, additional requirements relate a hotel or motel for under six months.
to giving notices to the condominium board
in addition to the owner/landlord. There are Mobile Home Sites Tenancies Act
also circumstances outlined in this Act where a Applies to people who own a mobile home
condominium board can serve a notice to you and rent the mobile home site from a landlord.
to end a tenancy, even if your landlord/owner This law sets out the rights and responsibilities
of the unit hasn’t given you notice and may that apply to these tenancies.
not want to do so. Also, each condominium
corporation has its own bylaws that tenants College/University Rules
must follow. If you are renting a student dorm room,
or any on-campus student housing from your
Cooperatives Act school, you should make sure you know what
Under the Act, cooperative housing units the rules are that apply to you.
have specific provisions for terminating
a membership and evicting a member.
Additionally, each cooperative has its own
bylaws that you are required to follow.

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.

4 Renting 101
2. Laws That Deal with Specific Issues
In 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:

Alberta Building Code (ABC) Personal Information Protection Act


The ABC sets out standards for the design This Act protects individual privacy by
and construction of new buildings. It also requiring private-sector organizations (your
applies to the alteration, and change of use landlord) to obtain your consent for collecting,
of existing buildings. In particular, the ABC using and sharing your personal information.
outlines what is safe and acceptable in a
secondary suite. Issues such as ceiling height, Public Health Act (Housing Regulation)
window size, and exit stairways are considered. This Act sets out your landlord’s
obligations to adequately maintain your rental
Municipal Bylaws – (If you live in a city) premises. See the following section for more
If you live in a city or town, municipal details.
bylaws will affect you. Bylaws deal with
issues such as noise complaints, sidewalk Safety Codes Act
snow removal, and minimum maintenance of The Safety Codes Act is the law that defines
buildings. Such bylaws are enforced by officers codes and standards in areas such as building,
in larger cities such as Calgary, Edmonton, fire, electrical, gas (natural and propane),
Medicine Hat, and Lethbridge. plumbing and private sewage, and elevators.

Human Rights, Citizenship and Statute of Frauds


Multiculturalism Act Requires that every contract creating an
This Act protects you from discrimination interest in leasehold for three years or more
and ensures that you are offered an equal must be in writing and signed by the parties.
opportunity to find a place to live and enjoy (This law is actually a British law passed in
services available to the public without 1677 that still applies in Alberta today.)
discrimination. See the following section for Three of the laws listed above are of
more details. particular importance for you to know,
because they affect your standard of living,
Minimum Housing and Health Standards your privacy and your human rights. In each
These standards outline in detail what is of these cases, you will need to go to someone
acceptable and what is not in a rental unit. different if you have a problem, question, or
See the following chart for more details. wish to file a complaint.

A Guide to Renting in Alberta 5


Human Rights, Citizenship and Multiculturalism Act in Alberta
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.
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 Act


This 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 • A tenant can also be someone who lives in
rent, it is very important to understand who the residential premises under a sub-lease
is considered a tenant by law in Alberta. This to which the landlord has consented.
is important to know because if someone • If you have roommates and your landlord
is living in a rental premises and is not has agreed to them living there with
considered a tenant, they are not necessarily you, they are also tenants. However, a
bound by the same obligations or protection person who has not signed the tenancy
under the RTA. agreement will not necessarily be bound
• A tenant is someone who is allowed by by rights and obligations in the agreement
the landlord to live in the rented premises that are agreed to independently of the
under the residential tenancy agreement. requirements of the Residential Tenancies
• If you are renting and you’ve signed an Act.
agreement with your landlord, you are a
tenant.

6 Renting 101
2 Moving In

The Rental Agreement

Once you have found a place you will • Once you sign the rental agreement, you are If the lease or rental
need to sign a Rental Agreement, lease, or a legally bound to anything you agreed to. agreement refers to
residential tenancy agreement. • The written rental agreement should
another document, such
contain all of the promises that the landlord
as “Tenant rules and
What Is a Rental Agreement? or the landlord’s agent has made to you,
• Simply put, a rental agreement is either and should not contain anything that Regulations,” get a copy
a written or oral contact that is agreed to contradicts what the landlord or the agent and read it before you sign
by a landlord and a tenant. The terms of told you. the written agreement.
the contract will govern your relationship
except where they conflict with the RTA. Types of Rental Agreements
• Rental agreements can be called by In Alberta, there are two types of tenancies:
different names: a residential tenancy fixed term and periodic. It is important to
agreement, lease, or rental contract are all know which kind of tenancy you have because
considered to be rental agreements. the rules relating to the two kinds of tenancies
• Every rental agreement can be different, are different, particularly the rules in relation to
so read it carefully before you sign it and ending a tenancy or increasing rent.
make sure you understand what you are A Periodic Tenancy means that you rent
agreeing to. premises without a definite end date until either
• If your rental agreement is covered by the you or the landlord give notice that the tenancy
Residential Tenancies Act, there are some has ended and you pay rent on a periodic
limitations on what you can agree to. If basis. Payment can be weekly, monthly, or
your agreement is not covered by the RTA, annually.
you can agree to anything provided it is not A Fixed Term Tenancy means that you
illegal. agree to rent premises for a fixed length of time
• If the RTA applies to the rental agreement, even if you are paying a monthly, weekly, or
there are items that are automatically annual rent. An example of this is you agree
implied whether or not they are included to a six-month or one year lease. At the end of
by you and your landlord. An example the agreed time, it is assumed that you are no
would be notice periods that you and your longer going to live there, unless you and your
landlord must give each other before you landlord agree to renew your agreement.
decide to end the tenancy.

A Guide to Renting in Alberta 7


What Your Rental Agreement Should • repairs: if the landlord is responsible and
Every written tenancy Include when they’ll be done;
agreement must include There are some things that your lease should • Other conditions that apply to use of the
the following statement in include. Make sure that your rental agreement property, such as smoking or non-smoking,
larger print than the rest of includes: or rules for common areas;
the agreement: “The tenancy • the names of all roommates who are living • What the security deposit covers, for
created by this agreement is
there (if you want them to be included as example, keys only, keys and damage,
tenants and bound by the terms of the tenancy damage only, damage by pets only;
governed by the Residential
agreement); • details of how the tenancy may be ended
Tenancies Act and if there
• the name of the landlord and their contact including notice periods; and
is a conflict between the information; • what is included in the property that is
agreement and the Act, the • the address of the place you’ll be renting; rented.
Act prevails.” • the amount of the rent;
• the date the tenancy is to start and the term Other things you may want to have included
of the lease. This will determine whether the in the lease include:
tenancy is periodic or fixed term;
• when the rent is due, how it’s paid, and to •An option to sublet over summer months;
whom it’s paid; • whether smoking is allowed or not; and
• the amount of the security deposit; • If pets are permitted.
• any additional fees (late fees, pet fees, key
fees, etc); Questions to Ask a Prospective Landlord
• who is responsible for paying utilities (gas, Before You Sign a Rental Agreement
electric, water, and trash collection); • Are there other students living in the
• if you are renting a house: who is responsible building?
for the yard (cutting grass, shoveling snow); • Have there been any major repairs or
renovations done in the past year?
DOs and DON’Ts of Rental Agreements: • Are any major repairs anticipated for the
upcoming year?
® DON’T feel rushed into signing the rental agreement before you
• Who will be responsible for repairs,
understand everything.
including small ones?
® DON’T Assume that by renting you have access to the garage/yard/
• Will any repairs, including small ones, that
storage/exercise room – make sure that your privilege to use these are to be completed before I move in, be put
things is in writing. in writing?
® DO ask your landlord questions and feel free to discuss anything that • Is there a phone number at which the
isn’t included in the lease. landlord or superintendent can be reached in
® DO seek outside advice and information– case of emergency?
• How is rent payment to be made (by mail,
go to www.landlordandtenant.org
by giving it to the janitor or directly to the
® DO have EVERYONE who will be living there sign the rental agreement.
landlord)?
It’s more difficult to make sure all your roommates are responsible if • Where is the nearest laundromat if there are
they are not also bound by the tenancy agreement. no laundry facilities in the building?
® DO make sure you understand the rental terms (fixed term or periodic?
Late fees? Is rent paid on the 31st, or the 1st?)

8 Renting 101
Inspections: What You Need to Know

The law requires that at least two formal After the inspections at the beginning and
inspections of the rented property be carried the end of the tenancy, your landlord must
out. One must take place within one week give you a written report of the inspection
of the day you move in and the other must immediately. The report will describe the
happen within one week of the day you move condition of the property. If you disagree with
out. anything on the form, the items should be
Your landlord must give you two clearly marked as a record. Written reports can
opportunities to attend inspections by also be completed after any extra inspections
suggesting two different days that are not that you and your landlord agree to, but extra
holidays. The law says that the inspection can inspections are not required by law.
take place between 8 a.m. and 8 p.m. If a landlord does not carry out an
Inspections are very important because: inspection either before or after the tenancy, he
• both you and your landlord a common or she cannot deduct anything from a security
understanding of the condition of the deposit for damages that go beyond normal
property at the beginning and end of wear and tear.
the tenancy; and Landlords must keep inspection report
• Your landlord can make deductions from records for three years after a tenancy has
your security deposit at the end of the ended.
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.

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.

A Guide to Renting in Alberta 9


Security Deposits

• A security deposit is something that you liability, or money or property that will be
give to your landlord at the start of a returned to a tenant when a condition has
tenancy on the understanding that it will been fulfilled.
be returned if you meet certain conditions. • This means that a landlord can deduct
The conditions will depend upon the money from the security deposit for items
reason that the landlord asks for a security the tenant is liable for at the end of the
deposit. Usually the reason will be to make tenancy. This can include rent arrears, cost
sure that the rented property is returned in of repairs for damage caused by the tenant,
good condition. costs of cleaning for items that are beyond
• A landlord may want to charge key or normal wear and tear. If a tenant considers
pet fees. A landlord may refer to these they are not liable for any costs, legal
deposits as additional fees or charges. action can be taken against a landlord.
While these are not against the law, • The rental agreement can also specify any
if they are refundable to the tenant other condition for return of the security
they are added to the security deposit deposit. For example, in respect of the
amount. return of keys, or for specific maintenance
• The grand total of all of the charges and repair items. It is important to have
cannot exceed the amount of the first a clear understanding about exactly what
month’s rent. the deposit represents and what conditions
• A landlord cannot charge a security have to be filled for the deposit to be
deposit plus an additional “deposit,” if returned at the end of the tenancy.
the total amount exceeds the amount of • The law requires landlords to put the
the first month’s rent. security deposit in an interest-bearing
• A security deposit is not required by law, trust account in a bank, treasury branch,
but it is legal for a landlord to request credit union, or trust company in Alberta
that you give a security deposit. The within two banking days of receiving the
landlord can offer the tenancy on the money.
basis that you pay a security deposit. • The interest must be returned to you. The
You then have a choice to take the law states that the interest is to be paid to
tenancy or not. It might be possible to the tenant at the end of each tenancy year,
negotiate with the landlord about the but you and your landlord can agree in
amount of the deposit or whether one writing that the interest on the account will
should be paid or not. be paid at the end of the tenancy.
• The law defines a security deposit as money
or property a landlord holds as security that
a tenant will fulfill an obligation or pay a

10 Renting 101
3 Living There

Your Obligations as a Tenant

The rules that a tenant must follow fall 5. Follow the rules in their tenancy agreement
into two groups: (for example, follow rules about pets,
1. The rules that are implied by law, even waterbeds, and the number of people who
if the agreement between you and your can stay with the tenant). 
landlord says something different. 6. Give the required notice in writing if they
Depending on your situation, different are going to move out.
laws may apply, such as the Residential
Tenancies Act or the Condominium Property Contractual Obligations
Act. Other terms that are agreed to by you and
2. The rules that you and your landlord agree your landlord in the rental agreement that are
to in the rental agreement. not included in the RTA include:
• not smoking in your apartment or
Your Obligations Under the RTA anywhere on the rental premises;
The Residential Tenancies Act sets outs • not having pets, or only having a certain
obligations that you must adhere to as long number of pets; and
as you are renting. If you do not follow these • specific obligations such as shoveling snow
rules, your landlord has the right to terminate or cutting the lawn.
your tenancy.

What are a Tenant’s Obligations Under the


RTA?
1. Pay the rent as required by your tenancy
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). 

A Guide to Renting in Alberta 11


Your Landlord’s Obligations

Your landlord also must follow the rules Other Obligations


that are implied by law and the rules agreed to Other obligations that your landlord may
in your rental agreement. have will depend on what you’ve both agreed
to in the rental agreement as long as these
Landlords Renting Facilities Under the RTA agreements do not conflict with the RTA.
Must: Some of these obligations can include:
• tell the tenant in writing who the landlord • repairing problems within a certain
is so the tenant can send notices or other amount of time; and
documents to that person; • specific obligations such as shoveling snow
• pay interest to tenants on security or cutting the lawn.
deposits (the rate of interest is set each
year by the Government of Alberta); and If Your Landlord Does Not Fulfill Their
• provide a reasonably safe and comfortable Obligations Under the RTA
place for tenants to live. Landlords must The RTA says the tenant may apply
ensure the structure of the building is safe, to court for one or more of the following
the heating and plumbing systems work, remedies:
and wind, rain and snow cannot enter the • recovery for damages because of the breach
building. or contravention by the landlord;
• Landlords must also give tenants at least • reduction in rent (abatement of rent) if the
three months notice in writing before they tenant has lost a benefit of the tenancy; and
increase the rent; and • compensation for the cost of performing
• give a valid reason as defined by the RTA the landlord’s obligations; and
for asking tenants who are paying monthly • termination of the tenancy by reason of
rent to move out (for example, the landlord the breach or contravention.
or a relative is moving in, or the premises
have been sold or are going to be torn
down).

12 Renting 101
Rent

When you rent a place to live in Alberta, premises or is evading service, the notice
you and the landlord can agree on whatever can be given to any adult who lives with
amount of rent is appropriate. There is no the tenant or posted on a conspicuous
law that states what a fair rent is. A landlord place at the rented property.
can offer a place at a certain rent and it is up If the landlord cannot serve notice by
to you as a tenant whether you take it at that any of the preceding methods, he or she can
price or not, or negotiate a different price. The send the notice electronically. The electronic
only issues for tenancies that are covered by delivery must result in a printed copy being
the Residential Tenancies Act is how and when received by the electronic device at the
rent can be increased, and what happens if rent residential premises. As long as the landlord
is not paid. can establish that he tried to give the notice
to a tenant in one of these ways, it will not
Increasing Rent necessarily mean the notice is invalid if the
If you have a periodic tenancy (e.g., week tenant did not actually see the notice. If the
to week or month to month), the law allows notice is not served by any of the permitted
the landlord to increase the rent. The law does methods it will be ineffective and void.
not limit the amount of the rent increase,
but the law does say when and how often an Did you know … ?
increase can take place

The courts strictly apply the time limits set out in the Residential Tenancies
Time Between Increases
As of April 2007, rent cannot be increased Act for servicing notice of a rent increase. If the notice is not served with
unless 365 days have passed since the last sufficient time, it will be ineffective.
increase and the start of the tenancy, or
whichever is later. 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
Notice Requirements to Raise Rent
effect. This means the notice must be given at least the day before the rent
A landlord must give written notice to
increase is due to take effect 12 weeks later.
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 For a Monthly Tenancy: a written notice of at least 3 tenancy months
the increase and the date when the new rent must be given before the date when the rent increase will take effect. This
will start. The landlord must also sign it. If means the notice must be given at least the day before the rent increase is
the notice omits any of these details it will be due to take effect three months later.
ineffective and void.
The notice can be delivered to the
For any Other Period of Tenancy: a written notice of at least 90 days
tenant by hand or sent by registered,
must be given before the date when the rent increase will take effect. This
certified, or regular mail. If the landlord is
unable to serve the notice on the tenant means the notice must be given at least the day before the rent increase is
because the tenant is not at the rented due to take effect 90 days later.

A Guide to Renting in Alberta 13


Moving Out 4
Ending Your Tenancy

When you move out, it is important to the 14th of the next month. The notice must
give adequate notice to your landlord, or you be given on or before the first day of the one-
risk losing your deposit or being taken to month notice period.
court by your landlord. If you have a periodic
tenancy, you can end it at any time with the Circumstances When Your Landlord May End
required amount of notice. You can also end Your Tenancy
your tenancy when your landlord breaks the If you are renting from your employer (eg.
tenancy agreement. working as a live-in nanny or if you are
working and living in a hotel for the summer)
Notice Periods to End a Periodic Tenancy and your job is terminated, notice to vacate
• Week-to-week Tenancy: A tenant must premises must be whichever period is the
give a landlord notice of one week. The longest:
notice must be given on or before the first • the period of notice required by law to
day of the tenancy week to be effective on terminate the employment,;
the last day of the tenancy week. • the period of notice that you and your
• Month-to-month Tenancy: A tenant employer agreed to, or:
must give a landlord notice of one tenancy • one week.
month. A tenancy month is the period
for which rent is paid which may not Notice period to end a tenancy linked to
be the same as a calendar month, for conversion of property to condominiums: If
example, from the 15th of one month to 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.

Notice period to end a tenancy in order to


complete major renovations: 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.

14 Renting 101
Inspections

When you move out, inspections are just as For more information on inspections
important as when you move in. Just as your review “Inspections: What you Need to Know”
move-in inspection must take place within one in the Moving In section of this booklet.
week of the day you move in, your move out
inspection must happen within one week of
the day you move out.

Security Deposit

• Keep in mind that the rules that apply to What Your Landlord Can Deduct
the security deposit when you move in, also Some examples of damages to the physical
apply when you move out. condition of rental premises for which
• Your landlord can deduct money from deductions may be made (when inspection
your security deposit for items that you are reports are properly completed) include:
liable for at the end of the tenancy. This • steam cleaning of rugs with obvious
can include rent arrears, cost of repairs for dirt, soil, oil or urine stains or holes;
damage caused by you (or someone else), • badly repaired holes in walls;
and costs of cleaning for items that are • pushed in door panels;
beyond normal wear and tear. If you think • food, dirt or nicotine on walls,
you are not liable for any costs, legal action cupboards and appliances;
can be taken against your landlord. • broken glass;
• The rental agreement can also specify any • holes in window screens;
other condition for return of the security • garbage or litter strewn about; and
deposit. For example, in respect of the • pet excrements.
return of keys, or for specific maintenance Some examples of normal wear and tear for
and repair items. which deductions are not generally allowable
• The law requires landlords to put the are:
security deposit in an interest-bearing • professional shampooing of rugs, when
trust account in a bank, treasury branch, there were no excess foreign materials; and
credit union, or trust company in Alberta • professional cleaning of drapes, when there
within two banking days of receiving the were no excess foreign materials.
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.

A Guide to Renting in Alberta 15


Returning of Your Deposit
Within 10 days from when you give up
If a landlord does not return all or part
possession of the premises, your landlord
of a security deposit, you can take legal
must:
• return the balance of the deposit to you action against the landlord for the amount
with a statement that lists the damages, outstanding. You can take legal action
repair costs, and cleaning charges, or even when your landlord has given you
• give you an estimate of deductions that will a statement of account, but you disagree
be made and return money that will not be with the accounting.
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.

Cleaning

To avoid problems with your landlord, and • Wash the cupboards inside and outside.
decrease the chance of having any deductions • Clean inside and outside (except multi-
made to your security deposit, you should level buildings) of all windows/tracks,
leave your rental premises in as good of shape closet doors/tracks and patio doors/
as it was when you moved in. tracks.
If your landlord has not provided a • Wash walls and floors.
cleaning list, you should always check with • Dust curtain rods and window coverings
the landlord to see if they have a cleaning list. or replace yours with the landlords.
The following is a suggested cleaning list for • Dust or wash fans and vents, light
tenants to use if they are unsure of the cleaning fixtures, replace burnt out light bulbs.
that needs to be done when they are moving • Check the smoke detector, replace
out of the residential premises. batteries as needed.
• Clean inside, outside, behind and under • Clean bathroom thoroughly including
the fridge and defrost and clean the freezer. the tub, tile, sink, vanity, mirror,
• Leave the fridge door open if the power has medicine cabinet, cupboards and toilet .
been turned off. • Vacuum and clean the carpets, if
• Clean inside, outside, behind and necessary.
under the stove and clean the oven and
burners on the stove.

16 Renting 101
The Rentcylopedia

Assignment Condominiums
An assignment occurs when a rental agreement If you are renting a condo, you are still covered
already exists, and you agree to step into the by the RTA. It is important to note, however,
place of the tenant. The rental agreement is that the Condominium Property Act will also
assigned completely with no change in terms apply to you. These additional requirements
and conditions. However, unless the original relate to giving notices to the condominium
tenant obtains a release from the landlord, they board in addition to the owner/landlord.
remain responsible for the rent. A release will There are also circumstances outlined in this
be a new agreement, which releases the original Act where a condominium board can serve a
tenant from all their obligations. notice to you to end a tenancy, even if your
landlord/owner of the unit hasn’t given you
Basement Suites notice and may not want to.
Self-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.

Bylaws
Bylaws 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.

A Guide to Renting in Alberta 17


Deposit Guests
Depending on your area, a deposit may be Unless you agreed in your lease agreement
referred to as a damage, security, or rent that certain people could not visit the
deposit. In any case, it is money given to the apartment, your landlord cannot typically
landlord at the start of the rental agreement prevent you from having particular guests.
and returned to the tenant at the end of the If a guest is living in the premises,
tenancy provided all the conditions of the your landlord can serve a notice requiring
rental agreement have been met. that person to leave. Further, you have an
obligation to ensure that the rights of the
Discrimination landlord and other tenants are not interfered
The Human Rights, Citizenship and with, that no illegal acts or nuisances are
Multiculturalism Act states that a landlord carried out on the premises, and that the
cannot refuse to rent property to someone property is not damaged in any way. If you
on the basis of the person’s race, religion, sex, or any of your guests breach any of these
physical or mental disability, ancestry, place of obligations, your landlord can serve notice to
origin, source of income or sexual preference. end the tenancy.
If you feel that you have been discriminated
against on any of these grounds, contact the Inspections
Alberta Human Rights and Citizenship An inspection is a formal survey of your rental
Commission. premises. Ideally, both you and your landlord
should be present at the time of the inspection
Dogs and inspections should be done before your
See Pets. furniture is moved into the premises.

Drugs (illegal) Late Fees


One of your legal obligations as a tenant is to A landlord may charge a fee for late payment
not perform illegal acts or do illegal business of rent or an NSF fee only if the fee is clearly
on the premises or the common areas or the stated in the tenancy agreement. If the tenancy
property of where you rent. This includes agreement allows for either of these fees to
the parking lot and yard. If you break this be charged, the fees must be reasonable,
obligation, your landlord can give you 14-days as landlords cannot impose unreasonable
notice. penalties.

Eviction Locks
The official process where the landlord legally As a tenant, you do not need to ask the
take measures to expel the tenant from the landlord’s permission to install additional locks
rental premises. Evictions can happen for or security devices, as long as they can only
various reasons including non-payment of be activated by someone from the inside of
rent, unreasonable noise and disturbance of the property (for ex­ample, door chain locks).
other tenants, etc. 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.

18 Renting 101
Landlords do not have a statutory duty Normal Wear and Tear
to change locks after every tenant leaves, but The gradual worsening of the condition of
they do have a duty to provide proper locks property over time that happens even when the
on rent­ed premises. You can take legal action property is looked after properly.
against your landlord if it can be established • For example, even if walls are regularly
that the locks are inadequate. washed and cared for, eventually over
If you decide to change the external a number of years, they will have to be
lock on your apartment door, you must get repainted. This is normal wear and tear. If
permission from your landlord and give them the walls are not looked after, or walls have
a key as soon as the change is made. It is holes knocked in them, this is damage, and is
always a good idea to get this permission in not normal wear and tear.
writing. • Another example is that carpets wear out
over time and have to be replaced, even
Mobile Home though they have been properly and regularly
A structure that is built to move from one cleaned. This is normal wear and tear.
place to another and which is intended to Cigarette burns, oil stains, or pet stains in
be lived in. A mobile home may or may not the carpet that require expensive cleaning or
have wheels. Holiday trailers and recreational replacement of the carpet before it is worn
vehicles are not mobile homes when they are out is damage and not normal wear and tear.
being used for recreational purposes.
Notice of Entry
Noise A landlord may enter the tenant’s residential
Under the RTA, a tenant is entitled to the premises without consent, but only after giving
possession and peaceful enjoyment of the the tenant a written notice at least 24 hours
residential premises they are renting. You have before the time of entry, to:
a legal obligation not to interfere with the • inspect the state of repair of the residential
rights of other tenants, one of which is the premises;
quiet enjoyment of their property. Although • make repairs to the premises;
the term “quiet enjoyment” does not literally • control pests as required;
mean quiet, it does mean the right to enjoy • show the premises to prospective purchasers
their rented property. If the noise or behavior or mortgagees;
is affecting that enjoyment and you do not • show the premises to prospective tenants
change your behavior, your landlord could after the landlord or tenant has given notice
serve notice to evict you on the basis that you to end a periodic tenancy or in the final
have breached your obligations under the lease. 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.

A Guide to Renting in Alberta 19


Number of Occupants Parties
Public health laws require an owner of As a tenant, you have a legal obligation
property to ensure that all occupants have an not to interfere with the rights of other
area for sleeping space. Other public health tenants, one of which is the quiet enjoyment
laws require certain sanitary and health of their property. If you live in a building
standards that might be compromised if more where other people are renting, you should
than a certain number of people live in the obtain permission from them before you have
premises. In addition, local municipal bylaws your party. Also, you should be aware of any
might impact the number of people that can municipal laws (or condo bylaws if you are
live in a house or apartment. renting a condominium).
Keep in mind that one of your legal
Painting obligations as a tenant is to not perform
In Alberta, the Public Health Act says that walls illegal acts or do illegal business on
must be easy to clean and floors must be clean the premises, the common areas or the
and sanitary. If this is not the case, you have property of where your rent. If you are
the right to lodge a complaint with a regional having the party, you are responsible for
health authority. any use of illegal substances or underage
If you want to paint a room in your house, drinking that may occur on the property.
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. Pets
If you want to have a pet, it is very important
Parking to talk to your landlord about this and make
Whether or not parking is included in sure it is included in your rental agreement.
your rent should be included in your rental If you are already living there and you have
agreement. In some areas, you may need to pay not discussed having pets with your landlord,
extra fees (such as university owned residential review your existing agreement and talk to
areas or urban centers.) 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

20 Renting 101
have clauses prohibiting pets in a unit Renew
unless the landlord specifically and in To enter into a new lease term for a rental
writing allows a particular pet. property after the existing lease term has
If you signed your residential tenancy expired.
agreement and agreed to a “no pet” policy
and you bring in a pet later on without your Rental Agreement
landlord’s permission, you are in violation of A legally binding agreement to rent a
the contract. This violation could result in the premises, either written or oral, between a
landlord terminating your tenancy. landlord and tenant.
A landlord may want to charge a pet fee.
While such a fee is not against the law, if they Rent Increases
are refundable to the tenant, they are added When you rent a place in Alberta, you
to the security deposit amount. The grand and the landlord can agree on whatever
total of all of the charges cannot exceed the amount of rent is appropriate. There is no
amount of the first month’s rent. law that states what a fair rent is. A landlord
If however, there is a separate non- can offer a place at a certain rent and it is
refundable, one time payment for having a pet up to you as a tenant whether you take it
in the premises, that does not form part of the at that price or not, or negotiate a different
security deposit. It is important to read the price.
rental agreement carefully, or to understand The law in Alberta does not control
any oral agreement you have, so that you can how much rent can be charged for any
determine what is security deposit and what particular property. The law does control
is not. For example, if your rental agreement how often rent can be increased. For both
says that you have paid a $100 refundable fixed term and periodic rental agreements,
deposit for possible damages that your dog the time between rent increases is one year.
might do, then that would likely be part of the The notice must be in writing. It must
security deposit and you may receive all or part state the amount of the increase and the date
of that deposit back when you leave. However when the new rent will start. The landlord
if your rental agreement says you must pay a must sign it. If the notice omits any of these
fee of $100 in order to be allowed to keep a details, it will be ineffective and void. The
pet in your apartment, that is a one time, non- notice can be delivered to you by hand or sent
refundable payment, and you won’t get any of by registered, certified, or regular mail.
it back. The non-refundable fee is not part of Notice periods for rent increases:
the security deposit. • For a weekly tenancy, a written notice of
If your landlord originally agreed to you rent increase must be given at least 12
having a pet and no mention of pet fees were tenancy weeks before the date of the rent
discussed or written into your agreement, they increase.
cannot demand a pet fee mid way though your • For a monthly tenancy, a written notice
tenancy. must be given at least three tenancy
months before the date of the rent increase.
• For any other period of tenancy, a written
notice must be given at least 90 days before
the date of the rent increase.

A Guide to Renting in Alberta 21


Repairs Tenant insurance
The Residential Tenancies Act imposes some Additional insurance purchased by the tenant
responsibility on both landlords and tenants to protect personal property contained in a
to keep rented property habitable and in good rental unit from loss due to fire, theft, water
condition, but does not say anything about damage and other circumstances. Specific
who is responsible for repairing specific items. terms of coverage are determined by the policy
It is a good idea to establish clear responsibility purchased from the insurer.
for repairs in the tenancy agreement so that
there is no confusion. Secondary Suite
You cannot withhold rent to pressure your An separate dwelling unit on a property
landlord to do repairs. You have an obligation that would normally accommodate only
to pay rent. The obligation to pay rent is one dwelling. Secondary Suites can include
separate from any obligation your landlord has basement units and those built above detached
to carry out repairs. If you stop paying rent, garages.
your landlord can serve you with a 14-day
notice of eviction. Security Deposit
A security deposit is something that you give
Right of Entry to your landlord at the start of a tenancy on
A landlord may enter the residential premises the understanding that it will be returned if
with the tenant’s consent. If the tenant has you keep certain conditions. The conditions
made the landlord aware of needed repairs, will depend upon the reason that the landlord
the landlord may want to obtain the tenant’s asks for a security deposit. Usually the reason
consent at that time to enter the residential will be to make sure that the rented property is
premises to complete the repairs. If a landlord returned in good condition.
needs to enter all or several residential premises A landlord may want to charge key or pet
in a complex, the landlord must give each fees. A landlord may refer to these deposits as
tenant notice of the entry. The tenant has the additional fees or charges. While these are not
right (under common law) to object to the against the law, if they are refundable to the
day or time the landlord wants to enter if it is tenant, they are added to the security deposit
inconvenient. However, the tenant must give amount. The grand total of all of the charges
the landlord a reasonable alternate day or time cannot exceed the amount of the first month’s
to enter the premises. rent.
A landlord cannot charge a security
Roommates deposit plus an additional “deposit”, if the
Someone who lives in a rental property total amount exceeds the amount of the first
with other tenant(s), sharing rent, the cost month’s rent.
of utilities and other expenses according to
mutually agreed upon terms. Smoking
If you have agreed to not smoke in your rental
property in your rental agreement, doing so
may result in an eviction.

22 Renting 101
Student Dorm Utilities
A rental premises where the landlord is the Services such as heat, water and electricity that
educational institution and the tenant does not may or may not be included in the amount
have exclusive possession of the premises. of rent paid. Cable and telephone services are
usually not included.
Subletting If the cost of utilities is included in the
When a tenant rents a room or the entire rental agreement, the landlord cannot impose
premises to someone else, but is still directly an additional charge by changing who pays for
responsible for the rent. If you are planning the utilities without the consent of the tenant.
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 cannot charge a fee or ask for anything
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.

A Guide to Renting in Alberta 23


Renting 101:
A Guide to Renting
in Alberta

for Students and


First-time Renters

Legal Resource Centre Ltd.


#201, 10350 – 124 Street
Edmonton, AB T5N 3V9
Phone: 780.451.8764
Fax: 780.451.2341

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