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Landlords and Tenants
Alberta Government Services oversees and enforces Alberta’s
Residential Tenancies Act
(RTA), the legislation that sets out the rights and responsibilities of landlords and tenants in Alberta.
This section includes
tipsheets for landlords and tenants and mobile home site renters; information on
security deposit
interest rates including an online calculator; the
Voluntary
Code of Practice, which explains landlord and tenant rights and
responsibilities and options for dealing with tenancy matters; information on
filing a consumer complaint, including tenancy complaints;
information about the
Residential Tenancy Dispute Resolution Service pilot project in Edmonton;
links to related
legislation and
external links.
A few answers to common questions are provided below. For more detailed
information see the
tipsheets or
Voluntary
Code of Practice.
Frequently Asked Questions:
How much can a landlord charge for a security deposit?
Landlords usually ask tenants for a security deposit, sometimes called a
damage deposit. The
Residential Tenancies Act limits the maximum amount a landlord may ask
for as a security deposit to no more than the equivalent of one month's rent at
the time the tenancy starts. The security deposit cannot be increased as rent
increases.
How do I get my security deposit back?
You have the right to get the full amount of your security deposit back, plus
interest, within 10 days of moving out if you have done no damage beyond normal
wear and tear, if the premises have been properly cleaned, and if no rent is
owing. Otherwise the landlord can keep part or all of your security deposit to
cover the costs.
If the damages exceed the security deposit, the landlord can take you to
court for the rest of the money owing. If there are deductions for damages the
landlord must pay you the balance of the deposit within the 10 days, with a
statement of account that lists all the damages and repair costs and cleaning
costs.
Alternatively, the landlord may within the 10 days give you an estimate
of the deductions to be made and return any money that won't be used. In this
case, you must receive a final statement, plus any money owing, within 30 days
after your tenancy ended.
My landlord won't do repairs to my home. Can I stop paying rent until the
place is fixed?
No! Not without the Courts' permission. You should also check with the Public
Health Inspector about the landlord's obligation to make repairs.
When can a landlord enter the premises I am renting?
A landlord may enter the residential premises at any time with the tenant's
consent. Consent can be verbal or written. If the landlord has the tenant's
consent, no notice is required.
The landlord may enter the premises without permission and without giving
proper notice to the tenant: when the landlord has reason to believe there is an
emergency; or when the landlord has reason to believe that the tenant has
abandoned the premises.
The landlord may enter the residential premises without permission but only
if the landlord has given the tenant a written notice at least 24 hours before
the time of entry. The notice has to be in writing, be signed by the landlord or
agent and state the reason, date and time of entry. The landlord can give notice
to enter to do repairs; to inspect the state of repair of the premises; to take
necessary steps to control pests; to show the premises to prospective
purchasers, or mortgagees; or to show the premises to prospective tenants after
the landlord or tenant has given notice to end a periodic tenancy, or, in the
final month of a fixed-term tenancy.
The tenant does not have to be present since the landlord has the right to
enter as long as proper notice has been provided.
Why doesn't Alberta set a limit on how much landlords charge for rent?
Experience shows that rent controls are harmful to the rental housing market
over the long term. Rent controls discourage development of new rental housing
and fewer units are available for rent. Some landlords reduce maintenance of
property or provide fewer services as a method of reducing operating costs,
therefore buildings start deteriorating.
Are tenants protected against continual
rent increases?
Yes. Alberta’s tenancy legislation minimizes the impact of rent
increases by requiring that six months must pass between increases for monthly
tenancies.
The amount of notice required to increase the rent for a month‑to‑month
periodic tenancy is three full tenancy months. Rent increase notices have to be
in writing, be dated, state the effective date of the increase and be signed by
the landlord. If a notice does not comply with these requirements, it is void.
Tenants who pay an increase in rent based on a notice that does not comply with
the requirements may recover the amount of the increase, with court approval.
What if I can't afford to pay a rent increase?
A tenant has the right to discuss a rent
increase with their landlord if it will be a financial burden.
If rent is a financial burden, there are several supportive housing programs
that assist Albertans.
Contact the
Housing Services Division to determine if
assistance for low income housing is available.
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