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Renting in AlbertaGoverning or Regulatory Body Services, 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 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 and the tenant can withhold payment of rent until received. Is a signed move in/move out condition report required?Yes. 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 moving out. 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 part of the security deposit that cannot exceed one month's rent. Post-dated ChequesLandlords may request post-dated cheques. Renewal of a Lease TermIf a lease is for a fixed term of one year, the term may be changed to month-to-month after one year's term is complete. The majority of leases are periodic monthly leases which continue until ended by notice from either party. Terminating a Tenancy (Lease): Notice and TimingNo notice is required to end a fixed term lease; a lease for a fixed term ends automatically at the end of the term.
The tenant must give one month's notice prior to the end of their monthly lease. All notices must be in writing. For mobile home sites landlords must give the following notices:
The tenant must give 2 month's notice. 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. For these types of tenancies the landlord must give the following notices before increasing the rent:
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:
Fine PointsPermitting Landlord Entry to the Premises (Times and Reasons) Landlords are not required to give any notice in the cases of emergency or abandonment or if a tenant consents to entry. Otherwise, 24-hour written notice is required to make repairs, inspect repairs or show the property to prospective buyers or renters. 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 or smokes? Yes, a landlord may refuse to rent to a tenant who has pets or smokes. If smoking and pets are allowed in the tenancy agreement then they are permitted in the rental unit. 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? Alberta's Residential Tenancies Act (RTA) outlines prescribed reasons for terminations and pets/smoking are not included. Nevertheless, no pet/no smoking policies can be enforceable 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, these breaches would be dealt with under contract law by Alberta courts and may lead to an eviction. Contact InformationFor more information about renting in Alberta contact: Services Alberta For general information about renting in Alberta contact the Consumer Contact Centre: Related LinksResidential Tenancies Act and Regulations Residential Tenancies Act AB, Mobile Home Sites Tenancies Act Information on mobile home rental 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 Table of yearly Interest Rates on Security Deposits Voluntary Code of Practice The Residential Tenancy Dispute Resolution Service (RTDRS) Rental Assistance in Alberta Employment, Immigration and Industry ministry has the Homeless and Eviction Prevention Fund. Seniors and Community Supports ministry has information on financial assistance for seniors. A Guide to the Law in Alberta Regarding Landlord & Tenant Landlord and Tenant FAQs 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 (formerly the Handicapped Housing Society of Alberta) Residential Access Modification Program Housing Registry, University Of Alberta Fort McMurray Landlord and Tenant Advisor Red Deer Landlord and Tenant Service Innovative Housing Society Of Canada |
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