Residential Tenancy Act in Alberta

The residential tenancy act in Alberta establishes the basic rules for landlords and renters in Alberta. It’s also known as the Alberta Residential Tenancies Act.

This Alberta landlord and tenant legislation define:

  • What property is protected
  • How landlords and renters are secure by the Alberta Tenancy Act of Alberta
  • Different rights of landlords and tenants included in a standard Alberta tenancy agreement.

So let’s know more.

What is the Residential Tenancy Act in Alberta?

According to Alberta, the law that applies to most landlords and tenants is the Residential Tenancies Act. The Residential Tenancies Act outlines the rights and responsibilities of the majority of landlords and renters in Alberta.

The law includes rules about:

  • The responsibilities of landlords and tenants
  • How landlords and tenants can finish the tenancy contract or agreement
  • Safety deposits
  • When inspecting the reports
  • What landowners and tenants can do if things go wrong?
  • Many other issues

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Alberta Residential Tenancy Act Regulations: Process of Evicting a Tenant

A landlord in Alberta can remove a tenant on a sufficient basis, and the renter has the right to contest the eviction. The sole exception is if the removal is the result of the nonpayment of rent. In below discusses the whole rules of evicting a tenant.

Nonpayment rent

A renter is accountable for having to pay rent when it is due, according to the RRTA. When tenants refuse to pay their rent, the landlord has the right to evict them.

In this situation, the landlord must provide their tenant with a 14-day eviction notice to pay their rent.

  • The property’s address
  • The total amount of rent owing or payable during the monthly period
  • The cause for the termination, as well as the date the tenancy will terminate
  • The owner has signed it.

Serious harm or danger

If a tenant causes severe property loss, physically assaults the owner or another tenant, or threatens to do so, landlords can terminate the tenancy with a 24-hour notice.

If a tenant does not depart when the 24-hour notice expires, the landlord can seek a court order to cancel the tenancy within ten days.

Otherwise, the renter may continue to occupy the premises. A tenant cannot also file an objection to a 24-hour eviction order.

Property sale

If the property you are renting is sold and the new owner or a close family member wishes to inhabit it, your landlord has the right to evict you. The buyer must request in writing from the landlord that the lease terminate.

Renovations on a grand scale

Suppose the landlord intends to make substantial improvements on the property that necessitate the building being unoccupied. They must provide the tenant with one year’s notice to terminate a periodic rental contract.

Breach of the agreement

A tenancy agreement may terminate for breach of contract. Like severe property damage, they are failing to maintain the rental property fairly clean, unlawful conduct on the current tenants or their visitors’ behalf, or interference with the rights of other tenants or the landlord.

A landlord may issue a 14-day eviction order in the following circumstances. In contrast to an eviction order for overdue rent, a tenant may oppose this notice if they disagree with the basis for the termination.

Their complaints should submit in writing to the owner before the 14-day period expires.

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Landlord Responsibilities in Alberta     

Although landlords have obligations to their renters, tenants have responsibilities to the landlord as well while renting a home in Alberta. They are as follows:

  • On the due day, you must pay your rent in whole and on time
  • Act reasonably and avoid disturbing other residents or the landlord in the building
  • On the property, you must not do unlawful activities or run an illegal company
  • Maintain a reasonable level of cleanliness in the rented property
  • Prevent and restore any damage caused by you or your visitors.
  • When the rental agreement expires, you must vacate the premises

Alberta Residential Tenancy Agreement

This is a contract signed by the landlord and the tenant outlining both parties’ defined duration, cost, and obligations. In no manner does this agreement abridge the rights granted by the RTA. The landlord may refuse to pay rent until she obtains a copy of the tenancy agreement.

Residential Tenancy Act Alberta Dispute Resolution

The RTDRS will accept applications for claims of up to $50,000. Eligible candidates can apply within two years of the discovery of a viable claim. The party who applies is referred to as the applicant. The responder is the other side of the dispute.

Once an application is filed, the RTDRS will schedule a hearing date, time, and place. The applicant must provide the respondent with a copy of the filed application.

Landlord and Tenant Act in Alberta

There are two conditions we can explain how the landlord and tenant act in Alberta works. We think it’s the most simple way to make you understand easily. Without spending a moment, let’s check both of them.

Tenants Who Live in Residential Buildings Include

  • A house, an apartment, a duplex, or a mobile home
  • A hotel or motel room if booked for more than six months in a row
  • A boarding or rooming house
  • Rental buildings that are used for business but also include residential quarters adjacent and are leased under a single agreement
  • Hotels, motels, trailer parks, vacation houses, and other types of lodging
  • If a person resides there for fewer than six months consecutively
  • A rental property rent to a student by an academic institution unless such student has exclusive ownership of identity rental property.

The landlord might be a single person, a group of individuals, or a company.

According to the RTA, a Landlord May Be

  • The present or prospective owner of the rental property
  • The property manager who acts as the owner’s agent
  • The person in charge of renting out the rental property
  • Any individual other than the landowner who falls under the Act’s definition of a landlord

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FAQ (Frequently Ask Questions)

Here are some frequently asked questions about your rights as an Alberta tenant.

Question: What are My Rights As a Tenant in Alberta?

Answer: In Alberta, do I need to complete an inspection report? In Alberta, what more notice do tenants have to give? In Alberta, may a renter refuse to pay their rent? Can a landlord refuse overnight guests? In Alberta, can a landlord deny pets?

Question: What Does the Residential Tenancies Act Cover?

Answer: The RTA governs everything from the wording of your lease agreements to what you may charge for and how to terminate rentals correctly. The RTA, most significantly, legally protects both parties. It implies that everyone is aware of where they stand and what will require of them.

Question: Can I Break My Lease in Alberta?

Answer: A landlord cannot breach a tenant’s contract and force the renter to leave the property before the lease expires. The landlord may request that the tenant agree to cancel the lease early, but the tenant is not obligated to do so. Any contract reached must be in writing and signed by both the renter and the owner.

Question: Can You Evict a Tenant in Alberta?

Answer: Exception of nonpayment of rent, a landlord may remove a tenant for legitimate reasons, and the tenant has the right to race the eviction.

Question: How Long Does It Take to Evict a Tenant in Alberta?

Answer: This will determine by the area in which your renting property is located. In Ontario, for example, a normal eviction for failing to pay might take such little as 75 days (the legal minimum) and as much as 110 days. An eviction in Alberta can take up to 24 hours (if the tenant is threatening the owner), although it will generally complete in 14-28 days.

Question: What Laws Protect Tenants?

Answer: The Residential Tenancies Act protects Alberta residents (RTA). This Act outlines the rights and duties of tenants and landlords in Canada. Anyone who resides in a house, apartment, duplex, or mobile home is subject to the RTA. It also applies to inns and boarding homes.

Final Words on Residential Tenancy Act in Alberta

The residential tenancy act in Alberta is very crucial for every citizen in Canada, as for Edmonton, Alberta. We have tried to cover every part that may be essential for you. Our goal is to provide relevant information for you to follow. Our experienced real estate lawyers have experience in solving cases related to residential tenancy. If you have any issues that you want to get help with, contact us by calling  +1-780-488-4152 or send an email to contact@edmontonrealestatelaw.ca.