What you need to know about the Residential Tenancies Act
Anna Dunaeva December 1, 2023
In the relationship between a landlord and a tenant, both parties want to feel like their interests are met. Overall, landlords want to protect their property to ensure that their investment is secure. While tenants want safe and suitable accommodation.
The Alberta Landlord Tenant Act, officially known as the Residential Tenancies Act, is a pivotal piece of legislation that governs the relationship between landlords and tenants within the province. It lays the groundwork for various aspects of residential tenancies, including rights, responsibilities, and dispute resolution, to ensure a smooth relationship.
The primary purpose of the Landlord Tenant Act (LTA) is to establish a legal framework that promotes fair and transparent interactions between landlords and tenants. It aims to ensure that both parties are aware of their rights and obligations, thus fostering a harmonious rental environment.
The act seeks to strike a balance between the interests of landlords and tenants. It does so by defining the rights and responsibilities of both parties and providing procedures for dispute resolution.
The LTA applies to anyone involved in a residential tenancy agreement in Alberta. This includes both landlords and tenants, regardless of the specific type of housing or arrangement.
As defined by the act, a landlord is any individual or entity that owns a residential property and offers it for rent to tenants. This includes property management companies, real estate corporations, and individual property owners.
A tenant is an individual or group that rents a residential property from a landlord, typically in exchange for periodic rent payments. The act provides tenants with certain legal protections and rights.
The Landlord Tenant Act is highly inclusive and covers various living arrangements, including apartments, single-family homes, duplexes, townhouses, and any other residential premises. Regardless of the property’s size or style, if it is used for residential purposes, it falls under the act’s purview.
Renting a condominium in Alberta involves adhering to both the Landlord Tenant Act, as well as the Condominium Property Act. This dual framework ensures that the rights and responsibilities of both landlords and tenants in this specific scenario are well-defined.
It is important to note that if there are conflicts or differences between the Condominium Property Act and the RTA, the Condominium Property Act typically takes precedence for matters that specifically pertain to condominium rentals.
Mobile home rentals are subject to the RTA. However, they are also governed by the Mobile Home Sites Tenancies Act. The act addresses unique aspects of mobile home park living, including the lease and tenancy agreement structure.
Note that while mobile home rentals must comply with the RTA if there are conflicts or differences between the two acts, the Mobile Home Sites Tenancies Act usually takes precedence.
One of the pivotal components of the Landlord Tenant Act is the rental lease agreement. A typical rental lease agreement in Alberta should include the following: the names of the landlord and tenant, the address of the rental property, the term of the lease (e.g., month-to-month or fixed-term), rent amount and due date, security deposit details, rules regarding maintenance and repairs, provisions for early termination, and any additional terms or rules specific to the property.
Evictions in Alberta can occur for various reasons, including non-payment of rent, damage to the property, or breaches of the lease agreement. However, landlords must follow specific steps outlined in the act to legally evict a tenant.
These steps typically include providing the tenant with a written eviction notice specifying the reason for eviction and allowing the tenant a reasonable time to correct the issue, such as paying overdue rent or repairing damage. If the issue remains unresolved, landlords can apply for an Order of Possession through the Residential Tenancy Dispute Resolution Service.
A lease agreement, or a tenancy agreement, is a binding legal document that establishes the terms and conditions of the rental agreement. The LTA guides what elements must be included in the lease agreement, which helps protect the rights and expectations of both landlords and tenants.
Rules regarding the tenancy period, use of common areas, such as parking spaces or laundry facilities, provisions for pets, details about the responsibilities for utility payments, as well as provisions for ending the tenancy, including notice periods required by both the landlord and tenant.
In Alberta, landlords must adhere to strict guidelines when increasing rent. Landlords can only increase the rent once every 365 days; they must provide tenants with a minimum of 3 months’ notice before increasing the rent.
It is important to note that the Act does not place a specific limit on the amount by which a landlord may raise the rent. However, the common law prevents landlords from imposing unfairly significant rent increases that could effectively act as an eviction strategy.
The Landlord Tenant Act enumerates the rights and responsibilities of landlords. These include:
The act also defines the rights and responsibilities of tenants, which include:
During the landlord-tenant relationship, there may be disputes. To ensure that disputes are handled swiftly and fairly, the Residential Tenancy Dispute Resolution Service and Calgary Residential Rental Association have been set up to mediate and resolve disputes swiftly and fairly. Contact a real estate lawyer to support and guide you during this process.
In cases where disputes arise in the landlord-tenant relationship, the Alberta Landlord Tenant Act provides a formal process for resolution through the Residential Tenancy Dispute Resolution Service (RTDRS). This service offers an efficient and cost-effective way for both landlords and tenants to address concerns, from rent disputes to maintenance issues. The RTDRS is a valuable alternative to lengthy court proceedings.
In cases where disputes arise in the landlord-tenant relationship, the Alberta Landlord Tenant Act provides a formal process for resolution through the Residential Tenancy Dispute Resolution Service (RTDRS). This service offers an efficient and cost-effective way for both landlords and tenants to address concerns, from rent disputes to maintenance issues. The RTDRS is a valuable alternative to lengthy court proceedings.
Understanding some common questions about the Landlord Tenant Act is essential for both landlords and tenants:
While a signed lease is not mandatory, it is highly recommended to have a written lease agreement to clearly define the terms and conditions of the rental. A written lease provides both parties with a legally binding document that protects their interests.
While a signed lease is not mandatory, it is highly recommended to have a written lease agreement to clearly define the terms and conditions of the rental. A written lease provides both parties with a legally binding document that protects their interests.
The act specifies notice periods for tenants, ensuring they have a reasonable amount of time to inform landlords when they intend to move out, depending on the circumstances. The notice period may vary based on the type of tenancy and reason for moving.
For example, in a month-to-month tenancy, tenants must generally provide one full month’s notice before ending the lease agreement. However, this notice period can change if there are specific circumstances or different types of tenancies.
In cases where there are contradictions between the lease agreement and the Alberta Landlord Tenant Act, the act typically takes precedence to protect the rights and interests of both landlords and tenants.
This means that any terms or conditions in the tenancy that violate the statutory provisions are not legally enforceable. For example, if a lease agreement states that tenants are responsible for all maintenance and repairs, this would not be valid if it contradicts the act, which places maintenance and repair responsibilities on landlords.
The act provides a legal framework for addressing disputes and violations. Depending on the nature of the issue, landlords or tenants may file complaints or pursue legal remedies to enforce their rights.
If a landlord or tenant believes the other party has breached the act, they can file a complaint with the Residential Tenancy Dispute Resolution Service or take legal action through the court system. Depending on the issue, this could lead to remedies such as compensation, fines, or eviction.
When entering into a rental agreement in Alberta, several essential documents are required:
With so many different types of living and housing arrangements, it can be tricky to know what applies to your property and lease. To make it easier, reach out to DLegal today. We are here to help you navigate Alberta real estate law and ensure that your lease complies with the rules and regulations set out by the LTA and that your rights are protected.
