Careers
Newsroom
Close
Renting in AlbertaGoverning or Regulatory Body Service, Alberta Name of Act / Regulations
Residential premises and tenancies of mobile home sites. (A mobile home site is covered under the Mobile Home Sites Tenancies Act, not the Residential Tenancies Act). Exclusions: premises occupied for business purposes with living accommodation attached and rented under a single agreement; rooms in the living quarters of the landlord, if the landlord actually resides in those quarters; a hotel, motel, motor hotel, resort, lodge or tourist camp a cottage or cabin located in a campground, or a trailer park, tourist home, bed and breakfast establishment or farm vacation home, if a person resides there for less than 6 consecutive months; a tenancy agreement between an educational institution as landlord and a student of that institution as tenant if the tenant does not have exclusive possession of a self-contained dwelling unit; a nursing home as defined in the Nursing Homes Act; a senior citizens lodge that is operated by the Government of Alberta; a social care facility licensed under the Social Care Facilities Licensing Act; a supportive living accommodation licensed under the Supportive Living Accommodation Act;a correctional institution; or any other prescribed premises. Types of Rental Periods The lease can be a periodic lease where the rental period can relate to a calendar week, month, or year; a fixed term lease, or a hybrid lease combining a fixed term then a periodic term. Is a signed lease required?No. If the tenant gives a signed agreement to a landlord, the landlord must return the agreement signed by the landlord within 21 days from the time the tenant signed it. The tenant can withhold payment of rent until they have received it. Is a signed move in/move out inspection report required?Yes. Security DepositsA maximum of one month's rent is allowable. The landlord must deposit all security deposits in an interest-bearing trust account in a bank, treasury branch, credit union or trust company in Alberta within two business days of collecting them. Interest must be paid to the tenant annually 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. The landlord must return the security deposit within 10 days of the tenant giving up possession of the premises. The interest rate payable to the departing tenant is regulated at 3 per cent below the November 1 rate for cashable one-year guaranteed investment certificates held or offered by ATB Financial (formerly known as Alberta Treasury Branches). Key MoneyIf key money is refundable, it is considered to be part of the security deposit which cannot exceed one month's rent. Post-dated ChequesLandlords may request post-dated cheques. Renewal of a LeaseTo renew a fixed term lease a new agreement must be signed at the end of the term. Fixed term leases are often for 1 year. The term may be changed to month-to-month after a fixed term is complete. The majority of leases are periodic monthly agreements that continue until ended by notice from either party. Terminating a Tenancy (Lease): Notice and Timing No notice is required to end a fixed term lease. A fixed term lease ends automatically at the end of the term. Notice to end a tenancy by a landlord must be signed and include the address of the premises, the date the tenancy ends, and the reason for ending the tenancy. The amount of the notice required depends on the reason for termination. If a landlord intends to convert the rental premises to a condominium unit and the premises must be vacant, or the landlord needs to do major renovations that require the premises to be unoccupied, the landlord must give the tenant 365 days written notice to terminate the periodic tenancy. Once a notice of termination is served for one of these reasons, a landlord cannot increase the rent payable. Note: Major renovations do not include painting, replacing floor coverings or routine maintenance. In addition, a landlord may end a periodic tenancy if:
If a tenant is ending a monthly periodic tenancy, the tenant must give one month's notice on or before the first day of the tenancy month. All notices must be in writing. For mobile home sites landlords must give the following notices: Monthly tenancies: 6 full months for specific reasons:
The tenant must give 2 full month's notice to end a monthly periodic tenancy. Assignments and SubletsLandlords must respond to a tenant in writing and give permission within 14 days of tenant's request to sublet or assign their premises. Landlords cannot refuse a sublet or assignment without reasonable grounds. Rent Increases: Notice and Timing There are no rent controls in Alberta. Rent can only be increased if there has not been a rent increase within the previous 365 days or since the start of the tenancy, whichever is later. Before the rent can be increased the landlord must give the following written notice:
For mobile home sites, 180 days notice must be given by the landlord to raise the rent. Late Rent Payments Rent is considered late the day after it is due. Tenants are obliged to pay the rent as specified in the lease and may be subject to penalties for late rent payments, as specified in the lease. Evictions There are several reasons why a tenant may be evicted and the required notice period the landlord must give depends on the grounds for eviction. These reasons include:
Landlords must give a minimum 24-hour written notice to make repairs, inspect repairs or show the property to prospective buyers or renters, unless the tenant consents or in the case of emergency or abandonment. In a case where the tenant consents to the landlord's entry, this is not blanket consent. The landlord must get consent for each entry to the premises. May the tenant withhold rent for repairs? No Changing Locks Changing locks requires the mutual consent of the landlord and the tenant. However, either a landlord or tenant can change locks if a key is immediately made available to the other party. Pets and Smoking May a landlord refuse to rent to a tenant who has pets? Yes. If pets are allowed in the tenancy agreement, then they are permitted in the rental unit. May a landlord include a no-smoking clause in the lease? Yes. If a no pets and no smoking clause is written into a lease and the landlord discovers that the tenant has a pet and/or smokes in the rental unit, is this grounds for the landlord to evict the tenant? The Residential Tenancies Act (RTA) outlines the reasons a landlord may terminate a tenancy. Pets/smoking are not included in the list. However, no pet/no smoking policies can be enforced if spelled out in a lease and agreed upon in writing by both parties. If a tenant breaches the rental agreement by having a pet or smoking in the rental premises, the landlord could apply to the courts or the Residential Tenancy Dispute Resolution Service to end the tenancy. Contact InformationFor more information about renting in Alberta contact: Service Alberta For general information about renting in Alberta contact the Consumer Contact Centre: Related LinksResidential Tenancies Act and Regulations Service Alberta Acts and Regulations. AB, Mobile Home Sites Tenancies Act Application in Provincial Court of Alberta under the Residential Tenancies Act and Mobile Home Sites Tenancies Act — Instructions for Landlords and Tenants: Information for Landlords and Tenants A Checklist for Renters and Landlords Renting a Mobile Home Site Security Deposits Voluntary Code of Practice The Residential Tenancy Dispute Resolution Service (RTDRS) Direct to Tenant Rent Supplement Program Programs and Services for Seniors Legal Information About Landlord and Tenant Law in Alberta Renting A Place to Live Laws for Tenants in Alberta Calgary Community Mediation Calgary Edmonton Edmonton Landlord and Tenant Advisory Board Amisk Housing Association Innovative Housing Society Residential Access Modification Program Housing Registry, University Of Alberta Fort McMurray Landlord and Tenant Advisor CiRS Landlord and Tenant Service |
 |
|
