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Renting 101 A Guide to Renting in Alberta for Students and First-time Renters Renting101Feb2.indd 1 9/10/09 6:26:35 PM

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A Guide to Renting in Alberta for Students anf First-time Renters

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Page 1: Renting 101

Renting 101A Guide to Renting

in Alberta

for Students andFirst-time Renters

Renting101Feb2.indd 1 9/10/09 6:26:35 PM

Page 2: Renting 101

© 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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Page 3: Renting 101

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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Page 4: Renting 101

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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Page 5: Renting 101

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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Page 6: Renting 101

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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Page 7: Renting 101

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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Page 14: Renting 101

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.

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Page 28: Renting 101

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

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