Renting in Alberta Governing or Regulatory Body

Alberta Government Services, Registries and Consumer Services

Name of Act / Regulations

• Residential Tenancies Act (RTA),
• Residential Tenancies Ministerial Regulation,
• Residential Tenancies Exemption Regulation,
• Security Deposit Interest Rate Regulation,
• Subsidized Public Housing Regulation
• Mobile Home Sites Tenancies Act (MHSTA),
• Mobile Home Sites Tenancies Ministerial Regulation,
• Security Deposit Interest Rate Regulation

Types of Housing/Living Arrangements Covered by the Provincial Legislation

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 checklist required?

Yes.

Deposits

A 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 Money

If key money is refundable, it is considered part of the security deposit that cannot exceed one month's rent.

Post-dated Cheques

Landlords may request post-dated cheques.

Renewal of a Lease Term

If 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 Lease: Notice and Timing

No notice is required to end a fixed term lease; a lease for a fixed term ends automatically at the end of the term.

All notices must be in writing. A landlord must give the following notices for these types of tenancies:

• Weekly: 1 week
• Monthly: 3 months

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:

• Monthly tenancies: 6 months;
• For a change in land use, such as a site sold as condominium or cooperative: 365 full days.

The tenant must give 2 month's notice.

Assignments and Sublets

Landlords 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. For these types of tenancies the landlord must give the following notices before increasing the rent:

• weekly: 12 tenancy weeks
• monthly: 3 tenancy months
• any other periodic tenancy: 90 days

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:

• Significant damage or physical assault or threats to physical assault: 24-hour written notice, signed by landlord or agent, giving reason for eviction and time and date that the tenancy ends.
• Substantial breach: the landlord can either give 14-day written notice, signed by the landlord or agent, giving reason for eviction and date the tenancy ends or the landlord can apply to the Alberta Provincial Court to end the tenancy.

Fine Points

Permitting 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, a landlord 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 Information

For more information about renting in Alberta contact:

Alberta Government Services
3rd Floor, 10155 - 102 Street
Edmonton, AB
T5J 4L4
http://governmentservices.gov.ab.ca/index.cfm?fuseaction=section:landlords
See Web site for area Landlord and Tenant Advisory Board locations.

For general information about renting in Alberta contact the Consumer Call Centre:
1-877-427-4088 (Outside Edmonton)
1-780-427-4088 (Edmonton and area)

Related Links

Residential Tenancies Act and Regulations
Alberta Government Services Acts and Regulations. http://governmentservices.gov.ab.ca/fl/acts_regs.cfm
(see main Alberta contact, above)

Residential tenancies Act
http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm

AB, Mobile Home Sites Tenancies Act
http://www.qp.gov.ab.ca/documents/acts/M20.cfm

Information on mobile home rental http://governmentservices.gov.ab.ca/consumer/landlord/index.cfm

Application in Provincial Court of Alberta under the Residential Tenancies Act and Mobile Home Sites Tenancies Act - Instructions for Landlords and Tenants: http://www.albertacourts.ab.ca/pc/civil/publication/rta.pdf
(see main Alberta contact, above)

Information for Landlords and Tenants
A PDF file with useful, Alberta-specific information.
http://www3.gov.ab.ca/gs/pdf/tipsheets/RTATipsheet.pdf
(see main Alberta contact, above)

Renting a Mobile Home Site
A PDF file with information on renting a mobile home site; renting mobile home sites in Alberta falls under a different Act, the Mobile Home Sites Tenancies Act.
(If the tenant is renting a mobile home from a landlord, the Residential Tenancies Act applies.)
http://governmentservices.gov.ab.ca/pdf/tipsheets/mobilehome.pdf
(see main Alberta contact, above)

Table of yearly Interest Rates on Security Deposits
Use this page to look up or calculate the amount of interest owing on a security deposit based on the time period of the tenancy.
http://governmentservices.gov.ab.ca/consumer/landlord/interest_rates.cfm
(see main Alberta contact, above)

Voluntary Code of Practice
This is a government publication that explains in detail the minimum legislated requirements set out in the Residential Tenancy Act. It provides landlords and tenants with options to deal with matters not established as minimum requirements and makes residential tenancy resource material available in a user-friendly format.
http://governmentservices.gov.ab.ca/consumer/vcop/index.cfm

Reference Guide to Landlord and Tenant Law in Alberta
This reference manual on landlord and tenant law in Alberta was developed for use by people with a significant level of knowledge about residential tenancies.
http://www.acjnet.org/docs/landten/index.html

Landlord and Tenant FAQs
Plain language answers to a variety of questions on landlord-tenant issues.
http://www.law-faqs.org/ab/landtenTEMP.htm

Renting A Place to Live
Answers to frequently asked questions on shared accommodation and roommate issues, laws, privacy, leases, rent, notices, visitors, and pets.
http://www.law-faqs.org/ab/landtenNEW.htm

Laws for Tenants in Alberta
A resource for tenants and landlords seeking advice on their legal responsibilities.
http://www.landlordandtenant.org/

Calgary

Community Mediation Calgary
A non-profit organization that offers free mediation services on a part time basis.
http://www.mediation.ab.ca/

Edmonton

Edmonton Tenant and Landlord Advisory Board
Provides advice and information to landlords and tenants of residential property in Edmonton.
http://www.edmonton.ca

Amisk Housing Association
Provides tenant counselling to Aboriginal families.
16678 114th Avenue NW
Edmonton, AB
T5M 3R8
Tel.: 780-452-6651
Fax: 780-452-1040

Innovative Housing Society (formerly the Handicapped Housing Society of Alberta)
Offers property management services, advocacy services and a housing registry.
IHS Head Office
9810 165 Street NW,
Edmonton, Alberta
T5P 3S7
Tel.: 780-451-1114
Fax: 780-451-2267
Email: mail@innovativehousing.ca
http://www.innovativehousing.ca

Seniors Housing Society Of Alberta
14608 115 Avenue NW,
Edmonton, AB
T5M 3B9
Tel.: 780-486-5112

Housing Registry, University Of Alberta
Provides housing assistance to University of Alberta students.
http://rentingspaces.ca/search.htm?ref=2 

Fort McMurray

Landlord and Tenant Advisor
Provides assistance for tenants who wish to learn their rights and responsibilities.
http://www.woodbuffalo.ab.ca/landlord

Red Deer

Landlord and Tenant Service
Provides information to tenants regarding the Residential Tenancies Act.
http://www.mycommunityinformation.com/llt

Innovative Housing Society Of Canada
80A Kelloway Crescent,
Red Deer, AB
T4P 4G7
Tel.: 403-314-4211