What types of rental accommodations are covered by Alberta legislation governing residential tenancies?
The Residential Tenancies Act covers residential rental premises. Mobile home sites are covered under the provincial Mobile Home Sites Tenancies Act.
What types of rental accommodations are NOT covered by this legislation?
* Premises which are used for business purposes and which have living accommodations attached and rented under a single agreement
* Rooms in the living quarters of the landlord (if the landlord lives in those quarters)
* Hotel, motel, resort, lodge or tourist camp accommodations
* Cottages or cabins located in campgrounds or trailer parks
* Vacation homes, bed and breakfast or farm vacation home accommodations, if a person resides there for less than 6 consecutive months
* Dormitory accommodations, or similar accommodation provided to a student by an educational institution, if the student does not have exclusive possession of a self-contained dwelling unit
* Nursing homes, senior citizens lodges and social care facilities
* Correctional institutions
What types of rental periods are provided for in the legislation?
A lease can be (i) a periodic lease where the rental period can be by the calendar week, month or year, (ii) a fixed term lease for a specific period of time, or (iii) a fixed term followed by a periodic term, for instance a 1-year lease which reverts to a month-to-month tenancy at the end of the 1-year term.
Is it necessary to have a written lease?
No, however, it is advised. If the tenant signs a lease or tenancy agreement, the landlord must return a fully signed copy of the agreement to the tenant within 21 days. The tenant has the right to withhold payment of rent until the signed copy of the agreement is received.
A signed move-in / move-out checklist is required, whether or not there is a signed lease agreement.
Can the landlord charge a deposit?
Yes, the landlord is allowed to charge a security deposit of no more than one (1) month’s rent. All security deposits must be deposited in an interest-bearing trust account in Alberta, within 2 business days of when the landlord receives them. Interest must be paid to the tenant at the end of
each tenancy year, or it may be compounded annually and paid to the tenant at the end of the tenancy, if both the landlord and tenant agree in writing. The landlord cannot increase the security deposit during the tenancy, regardless of whether the rent increases during that time or not.
The landlord has 10 days following the end of the tenancy to return the security deposit and any outstanding interest, calculated at the applicable rate for departing tenants (3.5% below the December rate for redeemable Alberta Savings Certificates).
If the landlord charges a key deposit which is to be refunded at the end of the tenancy, this amount is to be treated as part of the security deposit, and the total of the two cannot exceed 1 month’s rent.
What about post-dated cheques?
The landlord is at liberty to ask a tenant to provide post-dated cheques.
When is the landlord allowed to increase the rent?
The rent can be increased for any periodic tenancy upon the landlord giving the tenant notice as follows:
* weekly tenancy - 26 full weeks
* monthly tenancy - 6 full months
* any other periodic tenancy - 180 days
When is rent considered late?
The day after it is due. For instance, if the rent is due on the 1st of the month, it is considered late on the 2nd.
How can a lease be terminated?
If the lease is a fixed term lease, there is no notice period. The lease will automatically terminate at the end of the fixed term. If the lease is a monthly lease, the tenant must give 1 month’s notice, and the landlord must give 3 months’ notice, UNLESS the lease for a mobile home site, in which case the landlord must give 6 months’ notice and the tenant must give 2 months’ notice. If the lease is for a weekly tenancy, the notice period is 1 week.
All notices must be in writing.
Can a tenant assign a lease or sublet the premises?
If it is on reasonable grounds, the landlord cannot refuse a tenant’s request to assign or sublet. The landlord must respond within 14 days of receiving a request to assign or sublet.
When is the landlord permitted to enter the premises?
Unless there is an emergency or the premises are abandoned or the tenant agrees otherwise, the landlord is required to give 24 hours written notice to enter the premises to (i) make repairs, (ii) inspect the premises, or (iii) show the property to prospective buyers or tenants.
On what grounds can a landlord evict a tenant?
* For significant damage or physical assault, upon 48 hours written notice.
* For substantial breach of the lease, upon 14 days written notice or application to the Provincial Court to end the tenancy.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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