Professional Documents
Culture Documents
Landlord&Tenant
Landlord&Tenant
LANDLORD AND
TENANT
version: 2009
TUDENT
EGAL
ERVICES
OF EDMONTON
SL
GENERAL
All information is provided for general knowledge purposes
only and is not meant as a replacement for professional legal
advice. If you have a personal legal question that requires
legal advice, please consult a lawyer.
COPYRIGHT
Copyright 2009, Student Legal Services of Edmonton. All
rights reserved. Copying any material, in whole or in part, is
prohibited unless prior consent has been obtained. Some
material may be subject to copyright from an outside source
and thus there may be different restrictions on the
reproduction of this material.
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or damage caused by an individual's reliance on information or
material obtained from Student Legal Services of Edmonton.
By accessing the information, individual's agree that any
usage is at their own risk.
INFORMATIONS AND OPINIONS
In some instances, information obtained by Student Legal
Services of Edmonton may have been provided by outside
sources. Even with the high standards set by Student Legal
Services of Edmonton, we accept no responsibility for the
accuracy and reliability of the material. Opinions and
Informations provided by third parties does not represent that
of Student Legal Services of Edmonton.
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THE LANDLORD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
THE TENANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
THE TENANCY AGREEMENT . . . . . . . . . . . . . . . . . . . . 9
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Types of Tenancy Agreements . . . . . . . . . . . . . . . . . . . . . 10
Periodic Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Fixed Term Tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Responsibility for Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Destruction of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Services to be Provided . . . . . . . . . . . . . . . . . . . . . . . . . . 11
WHEN THE TENANT MOVES IN . . . . . . . . . . . . . . . .
Availability of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . .
Habitability of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . .
Copy of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Promises in Writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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INSPECTION REPORTS . . . . . . . . . . . . . . . . . . . . . . .
Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inspection Reports with the Tenant . . . . . . . . . . . . . . . . . .
Inspection Reports without the Tenant . . . . . . . . . . . . . . .
If the Landlord does not do an Inspection . . . . . . . . . . . . .
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LANDLORDS OBLIGATIONS . . . . . . . . . . . . . . . . . .
Peaceful Enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Entry of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Changing the Locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to Repair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Increasing the Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlords Address: Notice to Tenant . . . . . . . . . . . . . . . . .
New Landlords . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TENANTS OBLIGATIONS . . . . . . . . . . . . . . . . . . . . .
Abiding by the Agreement . . . . . . . . . . . . . . . . . . . . . . . . .
Changing the Locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paying the Rent on Time . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties for Late Payment . . . . . . . . . . . . . . . . . . . . . . . .
Damage to the Premises . . . . . . . . . . . . . . . . . . . . . . . . . .
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SUBLETTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Landlord's Consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time Limit for Landlords Consent . . . . . . . . . . . . . . . . . . .
Responsibility for Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TERMINATION OF TENANCIES . . . . . . . . . . . . . . . . .
Honouring a Tenancy for Fixed Terms . . . . . . . . . . . . . . . .
Substantial Breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notice of Objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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TENANT LEAVING . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proper Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remaining Tenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ABANDONED GOODS . . . . . . . . . . . . . . . . . . . . . . . . 36
Repudiation of the Tenancy Agreement . . . . . . . . . . . . . . 38
CONDOMINIUMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Residential Tenancy Dispute Resolution Service
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Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remedies through the Court . . . . . . . . . . . . . . . . . . . . . . .
Remedies Through Government Services . . . . . . . . . . . . .
Limitation Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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THE LAW
1. Common Law
The Common Law is what is known as judge-made law. Judges
look seriously at previous judicial decisions to inform their own
decisions on similar subject matter.
2. Statutes
The most important statute for landlord and tenant law is the
Residential Tenancies Act. It sets out the basic rules for landlords
and tenants and also lists their rights and remedies. There are
also regulations that supplement the Act and set out more specific
rules that describe the details of the Act.
3. Tenancy Agreements
A tenancy agreement is an agreement between the landlord and
tenant for the rental of the premises. It is a legal contract.
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THE LANDLORD
Some terms are "implied" into the tenancy agreement even if they
are not specifically agreed upon. This means that the terms are
part of the agreement even if the landlord and tenant did not
discuss them and they are not part of the written tenancy
agreement. Implied terms include all the rights, benefits, and
protections provided to a tenant by the Residential Tenancies Act.
The Residential Tenancies Act says that a tenant cannot agree to
waive or release any rights, benefits, or protections that the Act
gives to the tenant. This means that if a tenancy agreement
includes something that the Act does not allow, the tenant will not
be bound by that part of the tenancy agreement. For example, a
landlord cannot force a tenant to steam clean the carpets if there
is no damage to the carpets beyond "reasonable wear and tear"
as stated in the Residential Tenancies Act s.46(5). However, the
tenancy agreement could stipulate that the landlord can exact
$150.00 extra in the last month of rent. This rent can be used as
the landlord sees fit and could, for example, be used to clean the
carpets.
NOTE: People are often confused about the meaning of the word
"lease". They think that lease refers only to agreements that are
for a fixed term, for example a one year lease, or that lease
only applies to agreements that are in writing. This is not so. A
lease can be month to month or even week to week and need not
be in writing. In this pamphlet, to avoid confusion, the narrow
term lease will not be used. The broader term, "tenancy
agreement", which includes all agreements made between
landlords and tenants concerning the rental of premises will be
used.
When a tenant rents a place to live from a landlord, the tenant has
exclusive possession of the premises. Exclusive possession
means that the tenant has the same rights to privacy that a
you do the repairs, well reduce your rent, it is best to get these
promises in writing. Having the promise in writing will help to
avoid misunderstandings with a landlord and the tenant will have
proof of the bargain that was made. If either the landlord or the
tenant fails to follow through with promises that they have made,
then the other party has the right to apply to the Court or to the
Residential Tenancy Dispute Resolution Service (RTDRS) for a
remedy (see the section on the Residential Tenancy Dispute
Resolution Service below).
the landlord to keep a copy of the report for 3 years after the
termination of the tenancy.
INSPECTION REPORTS
An in-inspection or inspection report is a written description of
the condition of the premises at the time that they were rented.
For example, if the carpets are dirty or the walls have holes in
them, this information must be put on the inspection report.
Inspection reports are very important when there is a security
deposit dispute so it can be shown that the damage was already
there. It is a very good idea to take pictures to show the condition
of the premises upon possession.
Under the Residential Tenancies Act, the landlord and tenant
must do an inspection of the premises and complete an inspection
report within one week of the tenant moving in. The inspection
report is prepared by the landlord but ideally should be signed by
both the landlord and the tenant.
There must also be an out-inspection, which is an inspection
report of the state of the premises within one week of moving out.
The tenant should be present for the out inspection, but it may be
completed without the tenant with certain conditions (see below).
The tenant may be responsible for any damages that did not
appear on the in-inspection and are beyond normal wear and
tear. The tenant must be given a copy of the in and out
inspection reports. The Residential Tenancies Act also requires
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1. Requirements
Every inspection report must contain the following statement:
Inspections should be conducted when the premises are vacant
unless the landlord and tenant or their agents otherwise agree.
Unless the reports are correctly completed, neither the landlord
nor the tenant will be able to use inspection reports in court to
prove that the premises were damaged. However, the landlord
can prove the damage by other means, such as witness
statements.
2. Inspection Reports with the Tenant
When the landlord and the tenant conduct an inspection, the
report must contain the following statement and be signed by the
landlord: The inspection of the premises was conducted on (date)
by (landlords name or landlords agent) and by (tenants name).
The report should also contain one of the following statements:
a. If the tenant and landlord both agree with the statements
which are made on the inspection report then the report
should say: I, (name of tenant) agree that this report fairly
represents the condition of the premises; or
b. If the tenant does not agree with statements which are
made on the inspection report then the report should say:
I, (name of tenant), disagree that this report fairly
represents the condition of the premises for the following
reasons... (reasons for disagreement should be clearly
written on the report).
If the tenant refuses to sign one of the above statements, then the
report must contain the following statement and be signed by the
landlord: The tenant or tenants agent present at the inspection
refused to sign the tenants statement. The tenants agent is
someone who the tenant has asked to take his place for the
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2. Maximum Amount
A landlord cannot ask a tenant to pay more than one months rent
as a security deposit, however the amount can also be less.
Once the security deposit has been paid and the tenant has
moved in, the landlord cannot ask the tenant to give more money
for the security deposit. This is the case even where the landlord
increases the rent.
3. Trust Account
The landlord must deposit the security deposit into a trust account
within 2 banking days of receiving it. This account is only for the
security deposit money. The landlord can take money from the
account to pay for damage for which the tenant is responsible.
Unless otherwise agreed upon between the landlord and the
tenant, the landlord must pay the tenant interest on the security
deposit each year. The percentage of interest that the landlord
must pay the tenant is set out in the Security Deposit Interest
Rate Regulations that accompany the Residential Tenancies Act.
The interest rate that must be paid changes from time to time and
the landlord is required to find out the current rate. The landlord
and tenant can agree that the landlord will pay the tenant a higher
rate of interest than the Act requires but they cannot agree that
the tenant will be paid a lower amount. If you would like to know
what the interest rate for security deposits currently is, visit:
http://www.servicealberta.gov.ab.ca/1033.cfm.
4. Damage Beyond Normal Wear and Tear
The landlord can keep some or all of the security deposit money if
the tenant does damage to the premises beyond normal wear and
tear. Normal wear and tear is defined in the Residential
Tenancies Act as the deterioration that occurs over time with the
use of the premises even though the premises receive reasonable
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A tenant cannot refuse to pay the landlord the last months rent
simply because the landlord has the security deposit. However,
the security deposit can be used to pay the last months rent if the
tenant has the landlords consent. It is not a good idea for a
landlord to permit the tenant to use the security deposit to pay the
last months rent because the landlord will not have a fund from
which to take out the cost of repairs. The landlord would then
have to sue the tenant for the cost of repairs.
Tenants should make sure that the premises are clean when they
leave. If the premises are not reasonably clean then the tenant
might be responsible for the costs of cleaning.
5. Time Limits
If there is no damage, no rent owing, the premises are left
reasonably clean, and all of the keys are returned, then the
landlord must return the full security deposit, including interest, to
the tenant within 10 days from the day the tenant moves out of
the premises. If the tenant has damaged the premises and the
landlord has made a deduction from the security deposit, then the
remaining money of the deposit and a statement of account
showing the amount of the deposit money used by the landlord for
repairs is to be given to the tenant within the ten day period. The
landlord cannot make a deduction for normal wear and tear.
Sometimes it may be impossible for the landlord to determine the
exact amount of the damages within the ten day period. In such
cases, the landlord is required to give the tenant an estimated
statement of account and return the remaining money, if any, to
the tenant within the ten day period. A final statement and the
remaining money, if any, must be given to the tenant within thirty
days of the date the tenant moved out of the premises.
6. Rent Owing
A security deposit can be used by the landlord to pay for damage,
for rent owing, for cleaning costs, for changing the locks when
keys are not returned, or for anything else that the tenant is
obliged or liable to pay. The exception to this rule would be where
a tenancy agreement specifically defines the deposit as only a
"damage" deposit or only a "key" deposit, etc.
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LANDLORDS OBLIGATIONS
1. Peaceful Enjoyment
The landlord cannot significantly disturb the tenants possession
of the premises, nor affect the peaceful enjoyment of the rented
premises. This does not mean that the landlord guarantees that
the premises will be quiet or peaceful. Instead, this means that
the landlord will not interfere with the tenants ability to physically
live in and use the premises. Sometimes renovations, repairs,
uninhabitable premises, or other factors that affect the tenants
ability to use his or her premises may mean that the tenants
peaceful enjoyment is affected. The interference must be
significant for the tenants rights to be affected. If the landlord
does significantly interfere with the tenants use and enjoyment,
then the tenant may pursue the general remedies included in the
Residential Tenancies Act.
2. Entry of Premises
The landlord may enter the premises at any time if he or she has
the tenants permission or if an adult who is on the premises has
given the landlord permission to enter. The landlord may enter
without permission if he or she reasonably believes that there is
an emergency, that the tenant has abandoned the premises, or
the landlord needs to control pests as required by the Minimum
Housing and Health Standards.
The Landlord and Tenant Advisory Board takes the position that
the landlord is responsible for major repairs such as structural
repairs, plumbing, heating, and so on.
TENANTS OBLIGATIONS
a tenant fails to pay rent on time, the landlord can give notice to
end the tenancy. However, this notice must state that if the rent
due is paid by the termination date specified the tenancy will not
be terminated.
Unless the tenancy agreement says that the landlord will repair
the premises, or the repairs that are required are major repairs,
the tenant is responsible for the general state of the premises as
well as any damage done to the premises.
SUBLETTING
1. Definition
Subletting occurs when the tenant rents out the place to a
second tenant who takes the first tenants place. The second
tenant is called a sub-tenant. It is important to note that the first
tenant remains liable to the landlord under the original tenancy
agreement.
The first type of subletting occurs when Mick, for example, is
renting an apartment and he makes an agreement with Keith that
Keith will move in and pay the rent, and Mick will move out.
The second type of subletting occurs when a tenant rents an
apartment and takes in a roommate. For example, if Mick is
renting a two bedroom apartment and his name is on the tenancy
agreement and Mick makes an agreement with Keith that Keith
will move in and share the apartment with him, then Mick is
subletting to Keith. Some tenancy agreements do not allow this,
and may state that all of the people who live as tenant must be
listed on the agreement.
The sub-tenant in the second example is not protected by the
Residential Tenancies Act. The Act does not necessarily cover
tenants who share living quarters with their landlord and Mick is
considered Keiths landlord. However, Courts may hold the Act to
be persuasive when the landlord is living in the rental premises.
Courts may take into consideration whether the situation is
analogous to a standard landlord/tenant relationship. For
example, if Keith is merely a friend of Micks and there are no
strict lease terms such as time of payment, the court may be less
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the premises. The landlord can take money out of the tenants
security deposit even if the tenant did not cause the damage. A
tenant who sublets a premises should protect him or herself by
getting a security deposit from sub-tenant.
2. Landlord's Consent
According to the Residential Tenancies Act, the landlord must
give the tenant written permission, before the tenant can sublease
the premises. If the tenant does not get the landlords written
permission to sublet, then the sublease will not be valid. The
landlord cannot refuse to allow the tenant to sublet unless the
landlord has reasonable grounds for refusing. If the landlord
refuses, the landlord must give the tenant written reasons. The
landlord cannot ask the tenant to pay money before he or she will
consent to the sublease.
3. Time Limit for Landlords Consent
When a tenant requests the landlords permission to sublet the
premises, the landlord must tell the tenant, within 14 days of the
tenants request to sublet, whether or not the tenant is allowed to
sublet the premises. If the landlord does not answer the tenants
request for permission to sublet within 14 days, the Court will
assume that the landlord has agreed to let the tenant sublet the
premises. If the landlord does not answer the request within 14
days, the tenant can sublet without the written consent of the
landlord.
4. Responsibility for Rent
The initial tenant who is subletting to a sub-tenant is responsible
for making sure that the rent is paid to the landlord even though
he or she may not be living in the premises any more. The tenant
is also responsible for any damage which the sub-tenant does to
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2. Substantial Breach
A landlord may end a tenancy with 14 days' notice if there has
been a "substantial breach" of the tenancy agreement. A
substantial breach is a violation of the tenancy agreement that
the Court considers to be serious.
If the tenant has been given a 24 hours notice and does not leave
after 24 hours are over, then the landlord can apply to Court or
the RTDRS to have the tenant removed. The landlord must apply
within 5 days of the end of the 24 hour notice. If the landlord does
not go to Court or the RTDRS to remove the tenant within 5 days,
then the notice of termination of the tenancy will be
unenforceable.
6. Reasons Permitting the Landlord to End the Tenancy
In a periodic tenancy where the tenant has not substantially
breached the tenancy agreement and the landlord wants to end
the tenancy, the landlord must give the tenant appropriate notice
per the Residential Tenancy Act, outlining the reasons in writing.
The landlord must give one of the following reasons:
a. the landlord or a relative of the landlord wants to live in the
premises;
b. the landlord has decided to sell the premises and either
the buyer of the premises, or a relative of the buyer, wants
to live in the premises;
c. the building is a condominium and the landlord has
decided to sell one unit of the building or, the landlord
owns a house or a duplex which he has decided to sell
and the buyer wants the premises to be vacant when the
buyer takes possession;
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If the landlord does not perform the acts supporting the reason for
termination, he or she is guilty of an offence. This only applies to
periodic tenancies. A landlord cannot end a fixed term tenancy
before its end date unless there has been fault on the part of the
tenant as explained above.
7. Time Limits
Where the tenant has not substantially breached the tenancy and
there has not been an assault or damage caused to persons or
property, then the landlord must give the tenant enough time to
move out of the premises. This means that a landlord must give a
tenant who rents by the week notice of at least one full tenancy
week. A landlord must give a tenant who rents by the year at
least 90 days notice prior to the last day of the tenancy year.
A landlord must give a tenant who rents by the month at least
three full tenancy months notice. Normally, notice must be given
on or before the first day of a tenancy month to be effective on the
last day of the third tenancy month thereafter. The notice is then
effective on the last day of the third month. For example, notice
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8. Employees
In the case of a periodic tenancy forming out of employment, the
landlord has several alternative time limits for terminating the
tenancy. The length of notice must be 1) the notice required under
any law relating to termination of employees, 2)the period
required for a standard landlord/ tenant termination, or 3) a week,
whichever is longest. The period may also be that prescribed in
accordance with applicable regulations.
9. Other Requirements
Before a landlord can end a tenancy, the tenant must be given
notice in writing, signed by the landlord. This notice must tell the
tenant why the tenancy is being terminated and must correctly
state the address of the relevant premises. The notice must give
the date when the tenancy will end.
Whenever possible, notice to end the tenancy should be given to
the tenant personally. If the landlord cannot give the tenant notice
because the tenant is not at home, or because the tenant is
avoiding the landlord, then the landlord has other options. The
landlord can send the notice to the tenant by registered or
certified mail, give the notice to any adult person who is living with
the tenant, or the landlord can post the notice someplace where
the tenant will find it. For example, the landlord could post the
tenants notice on his or her door.
10.
Reasons a Landlord cannot End a Tenancy
A landlord cannot end a tenancy agreement because the tenant
has made an application or filed a Statement of Claim under the
Residential Tenancy Act, made a complaint, or assisted in an
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11.
Overholding Tenant
If the tenant does not move out when he or she is supposed to, he
or she is defined as an "overholding tenant". When a tenant
overholds there are various options open to a landlord. The
landlord can let the overholding tenant keep on living in the
premises and then apply to the court for damages. If this
happens the court would order the overholding tenant to keep
paying rent. The court might also tell the overholding tenant to
pay the landlord money that the landlord lost because the tenant
did not move out. This might mean that the overholding tenant
would have to pay the landlord any money that the landlord owes
to a new tenant who could not move into the premises because
the old tenant did not move out.
If the landlord does not want to let the overholding tenant stay in
the premises then the landlord may apply to RTDRS, Provincial
Court or the Court of Queens Bench for an "order of possession".
The landlord will probably require a lawyer to do this. If the
landlord applies to Queens Bench for an order of possession,
the landlord can also ask for other things at the same time. For
example, the landlord could also ask the Court to order the tenant
to pay any back rent that the tenant owes.
TENANT LEAVING
1. Proper Notice
To end a periodic tenancy the tenant must give proper notice.
This means that if the tenant wants to end the tenancy he or she
must give the landlord a signed notice in writing. The notice must
state the address of the premises and must state the date on
which the tenancy will end.
2. Time Limits
For periodic tenancies, how much notice the tenant has to give
the landlord when he or she moves out depends upon the type of
tenancy. A tenant cannot terminate a fixed term tenancy before
the end date of the tenancy agreement unless the landlord has
not fulfilled requirements set out in the Residential Tenancies Act.
A notice to end a weekly tenancy must be given to the landlord on
or before the first day of the tenancy week if that notice is going to
come into effect on the last day of that tenancy week. A tenant
who rents a premises on a monthly basis must give his or her
landlord notice on or before the first day of the last tenancy month
that the tenant will live in the premises (also known as giving "one
clear month" notice). A tenant who rents by the year must give
notice on or before the 60th day before the last day of the tenancy
year.
A tenancy month begins on the day of the month that the tenant
must pay the landlord the rent owed (such as the 1st, 15th , 30th day
of the month). This means that although a tenancy month usually
begins on the first day of each month, a tenancy month can begin
on any day that rent is payable. For example, notice given on or
before August 1st is sufficient to end a monthly tenancy on August
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3. Remaining Tenants
If the tenant who is named in the tenancy agreement has moved
out of the premises, the landlord may ask any other person living
in the premises, who is not a tenant, to leave the premises. They
must give that person at least 48 hours to leave. The landlord
may also seek rental arrears or damage costs from the person
occupying the leased premises. The landlord must give the
person who is living in the premises, but who is not a tenant,
written notice signed by the landlord stating the time and the date
by which a non-tenant who is living in the premises must move
out. If the non-tenant does not leave the premises within 48 hours
of receiving notice, the landlord can get the Court to order him or
her to leave.
To get a Court order, the landlord must swear an affidavit stating
the date that the premises were vacated by the original tenant
and, if the landlord knows the reasons, why the non-tenant
occupant refuses to leave the premises. The landlord must attach
a copy of the notice that he or she gave the non-tenant to the
affidavit.
ABANDONED GOODS
When things are left on the premises by a tenant who has moved
out or whose tenancy has ended or been terminated, the landlord
may not know whether or not the tenant will return for the goods.
Where the landlord reasonably believes that the tenants things
have a total value that is less than $2000, the landlord may get rid
of the tenants goods.
Where the landlord reasonably believes that the tenants goods
have a total value that is greater than $2000 the landlord may get
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If the landlord sells the goods that the tenant left on the premises,
then the landlord can use the money received from the sale to pay
any debts that the tenant owes the landlord as a result of the
tenants rental of the premises. Debts include rent that the tenant
owes but has not paid, damage to the premises, or any related
court judgments that the landlord has against the tenant. Before a
landlord can use the money that he or she receives from selling
the tenants property, the landlord must make an affidavit and
have proof that the tenant owed the landlord that specific amount
of money. One way that a landlord can prove that the tenant
owes him or her money is by showing the Court the bills for
repairs. Landlords should check the regulations under the
Residential Tenancies Act to determine exactly what
documentation is required.
Any money that is left over once the landlord has taken the money
that the tenant owed him must be paid to the Provincial Treasurer
through the local government office of Housing and Consumer
Affairs, Department of Municipal Affairs. The Treasurer will hold
the money for the tenant for one year. If the tenant does not ask
the Treasurer for his or her money within one year, then the
money is put into the General Revenue Fund of the province, and
the tenant will not be able to get his or her money back.
So long as the landlord, and the other people who are involved in
removing, storing, and selling the goods that the tenant left on the
premises follow the requirements of the Residential Tenancies
Act, the tenant cannot sue him or her. Also, the tenant cannot
sue the person who buys the tenants property.
NOTE: These rules apply only to abandoned goods, not goods
legally seized by the landlord.
1. Repudiation of the Tenancy Agreement
The tenancy is broken when the tenant has abandoned the
premises or when the tenant does something that makes the
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landlord reasonably believe that the tenant has ended the tenancy
agreement. This is called "repudiation" of the tenancy agreement.
Repudiation happens when the tenant does something that shows
that he or she no longer wants to be bound by the terms of the
tenancy agreement. For example, when the tenant gives the
landlord notice that he or she will be moving out of the premises
before the end of the lease term. This tenant could be repudiating
the tenancy agreement, depending on the circumstances.
CONDOMINIUMS
Condominium owners who rent out their units are subject to the
Condominium Property Act. Under this act the condo owner has
various responsibilities to the condominium corporation:
a. the owner must provide written notice to the corporation of
their intent to rent the unit, the address where they can be
served, the amount of rent they are charging, the name of
the tenant (within 20 days of the start of the tenancy), and
if the unit is no longer being rented (within 20 of the end of
the tenancy);
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date will be set when the application is filed. The party who filed
the application must give a copy of it to the other party and
complete an Affidavit of Service (this is a statement made under
oath that confirms how and when the documents were delivered
to the other party). Both the landlord and the tenant are expected
to attend the hearing and bring their evidence along (appropriate
evidence might include the tenancy agreement, bills, receipts,
letter, notices, inspection reports, witnesses, etc.). Lawyers or
agents are allowed but not required. A copy of any evidence
presented must be given to the other party at least 3 days in
advance. The Tenancy Dispute Officer will make a decision on
the issue identified in the application form after reviewing the
evidence. If a party does not attend the hearing, an order of
judgement could be made against him or her. Once the RTDRS
has been chosen as the method of resolution, the decision of the
Tenancy Dispute Officer is binding on all parties. A Tenancy
Dispute Officer can grant the same remedies as a Provincial
Court Judge. Application forms (and other relevant forms) can be
obtained online or from the RTDRS office. Applications that are
too complex (for example, ones involving assault), involve
constitutional issues, or are outside the Services jurisdiction will
be turned away. If one party has already filed in Provincial Court,
that is where it will be heard. Appeals are heard in the Court of
Queens Bench.
REMEDIES
1. General Information
When the landlord or the tenant does not follow the tenancy
agreement or when either the landlord or the tenant does
something which goes against the Residential Tenancies Act, the
landlord and tenant should talk to each other and see if they can
solve the problem together. If the landlord and tenant cannot
work things out, then they should call the Landlord and Tenant
Advisory Board for help (though this is not a requirement). The
Board will not take sides but will listen to both the landlord and the
tenant and suggest things that the landlord and the tenant could
do to solve the problem. Many disputes are settled out of court
with the Landlord and Tenant Advisory Boards help. If the parties
cannot settle this way there are 4 options for dispute resolution:
the RTDRS, mediation, Provincial Court, or the Court of Queens
Bench.
2. The Residential Tenancy Dispute Resolution Service
The Residential Tenancies Act includes the establishment of an
alternative dispute resolution mechanism for landlords and
tenants as an alternative to court. The Residential Tenancy
Dispute Resolution Service (RTDRS) is currently available for
disputes that take place within Edmontons corporate limits. One
can access the RTDRS through Alberta Government Services.
The Voluntary Code of Practice, available at Government
Services or on its website, sets out how the Residential Tenancies
Act is to be interpreted by Alberta Government Services and is
another useful guide in this area of the law.
A landlord or a tenant can submit an application and filing fee of
$75 to use this service for claims up to $25,000.00. A hearing
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3. Mediation
A party can request a mediation appointment at the time he or she
files the claim or dispute note or the Provincial Court may
schedule the case for mediation. Parties will receive a letter from
the Court advising them of the date and time of their appointment.
Mediation keeps the dispute out of the Court. Parties negotiate
with the assistance of a negotiator and try to resolve the dispute in
a mutually agreeable way. The mediator(s) remains neutral
throughout the process and agreements are entered into
voluntarily. Lawyers and agents are allowed but not required to
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cannot just take the tenants property. The laws relating to this
procedure are set out in the Civil Enforcement Act, and a landlord
should look at this Act for more details.
1. Recovery of Rent
A landlord may sue a tenant to get rent money that the tenant
owes the landlord. If the tenant owes the landlord $25,000.00 or
less in rent, the landlord may sue the tenant in Provincial Court to
get his or her money. The landlord must swear an affidavit setting
out the amount of rent the tenant owes and the time during which
it has been in arrears. This document must be commissioned by a
Commissioner for Oaths and is only for applications, not trial.
2. Seizure by Civil Enforcement Agency
The landlord may get a Civil Enforcement Agency to seize the
tenants property if the rent is late. "Distress for rent" is a process
that allows a landlord, without going to court, to tell a Civil
Enforcement Agency to take the tenants property if the rent is
late. The landlord must use a Civil Enforcement Agency and
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The Civil Enforcement Agency will give the tenant or any adult on
the premises a copy of the Notice of Seizure and Notice of
Objection. A tenant has the right to object when the landlord gets
an Enforcement Agency to take his or her things. To object, a
tenant must give the Civil Enforcement Agency, in writing, the
reasons why he or she believes that the landlord does not have
the right to take the tenants property. There can be exemptions.
For example, a tenant could object if there was a
misunderstanding between the landlord and tenant and the tenant
had, in fact, already paid the rent. If the tenant objects, the tenant
has two weeks to return the Notice of Objection to the Civil
Enforcement Agency and a court application must be made for a
judge to decide if the property should be sold. If the tenant does
not object, the goods may be taken and sold by the Civil
Enforcement Agency so that the landlord can be paid the money
that the tenant owes him or her. Once the property has been
taken, the tenant no longer has any control over it.
3. Security Deposit
If the landlord has taken money from the tenants security deposit
to pay for the things that the tenant is obligated or liable to pay for
and the tenant still owes the landlord money, then the landlord
can sue the tenant in Provincial Court for the rest of the money. A
security deposit can be used by the landlord to pay for damage,
for rent owing, for cleaning costs, for changing the locks when
keys are not returned, or for any other items for which a tenant
has obligations or liabilities. A tenant cannot force a landlord to
use the security deposit for rent, but a landlord may choose to do
so and then sue for any damages above the deposit amount.
To sue a tenant in Provincial Court a landlord must include any
receipts or repair bills. Where the landlord did the repairs him or
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4. Other Remedies
Other legal remedies for landlords and tenants may be provided
by the Court of Queens Bench. Those remedies generally
require a lawyer. If the landlord or the tenant is making a claim for
more than $25,000.00 then he or she must go to the Court of
Queens Bench.