Landlord-Tenant Rights

1. Landlord-Tenant Rights Presented by the Edmonton Community Legal Centre Updated January 2014

2. Disclaimer The information presented during this session may have limited application to your particular situation. The lawyer or law student that are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation. The presenter here this evening CANNOT provide you with individual legal advice.

3. Residential Tenancies Act (RTA) • The RTA sets “minimum standards of conduct for both landlords and tenants” • For more details about the RTA and the content in this presentation, you can access the Act and related regulations at: http://www.servicealberta.gov.ab.ca/624.cfm Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

4. Residential Tenancies Act (RTA) • The RTA governs most residential tenancies, but not: • A mobile home site: Mobile Home Sites Tenancies Act • Business with living quarters rented under a single lease • Rooms in a landlord’s house • Hotels, motels, resorts, cabins, trailer parks if you live there for less than 6 months: Innkeepers’ Act • Nursing homes: Nursing Homes Act • Lodges: Alberta Housing Act • Jails • Social care facilities: Social Care Facilities Licensing Act • An approved hospital: Hospitals Act; Cancer Programs Act Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

5. Not Under the RTA? • If the Residential Tenancies Act does not apply, a tenant does not have the protections granted by that legislation • Other legislation may grant some rights • If there is an oral or written contract, the terms of the contract govern • If there is no contract, the “common law” applies and may grant some rights Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

6. The Lease • May be written or verbal • Cannot contract out of the protections of the RTA • If there is an executed lease, landlord must serve a copy on the tenant within 21 days or the tenant can withhold rent Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

7. Types of Tenancies • Fixed Term Tenancy: begins and ends on specific dates agreed beforehand • Periodic Tenancy: has a start date, and then continues (on a weekly, monthly, or yearly basis) until it is ended in accordance with the RTA Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

8. Landlord’s Obligations • Make the property available to the tenant on move-in date • Not disturb tenant’s “peaceful enjoyment” of the property • Ensure that the property meets at least minimum health standards (Public Health Act and regulations) • If a written lease has been signed, give the tenant a copy Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

9. Landlord’s Obligations • Give the tenant a written Notice of Landlord: a notice saying who is the landlord and how the landlord can be contacted • Within one week before or after a tenant moves in or out: • Inspect the premises with the tenant; • Complete an inspection report; AND • Give a copy of the inspection report to the tenant Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

10. Tenant’s Obligations • Pay the rent on time • Not endanger the landlord or other tenants or interfere with their rights • Not permit significant damage to the property • Not perform illegal acts or do illegal business on the property Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

11. Tenant’s Obligations • Keep the property reasonably clean • Leave the property at the end of the tenancy • Within one week before or after moving in and out, inspect the property with the landlord and complete an inspection report Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

12. Inspection Reports • Within one week before or after both move-in and move-out, the landlord and the tenant must complete an inspection report • The landlord has to provide a copy to the tenant Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

13. Inspection Reports • A landlord can do an inspection without the tenant if the landlord gave the tenant two different possible times (during the day, not on holidays, on different days) but the tenant did not attend • If both inspection reports are not done, the landlord cannot deduct money from a security deposit for damages Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

14. Security Deposits • Cannot be more than one month’s rent • Cannot be increased during a tenancy • Landlords cannot charge extra for children or pets • Landlords must deposit security deposits in an interest-bearing trust account Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

15. Security Deposits • Security deposits collect interest, which is to be paid: • Annually to the tenant; UNLESS • They agree it is to be compounded annually instead and paid out on termination of the tenancy • Security deposits and/or statement of account must be provided to tenants no more than 10 days after move-out Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

16. Statements of Account • Landlords can deduct money from a security deposit for: • Damages caused by the tenant or people on the property with the tenant’s permission • Money owing for rent • In accordance with the lease Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

17. Statements of Account • Landlords cannot deduct from a security deposit: • Costs for upgrading the property • Costs for fixing damage which constitutes “normal wear and tear” • Cost of changing locks at the end of a tenancy • Charges for carpet cleaning at the end of the tenancy, unless the carpet is unusually dirty • No deductions can legally be made from a security deposit unless in- and out-inspections were completed Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

18. Rent Increases • Rent cannot be increased during a fixed term tenancy • In a monthly periodic tenancy, rent can be increased on a minimum of 3 months’ notice • Rent can be increased by any amount if proper notice is given Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

19. Rent Increases • Notices of increase must be: • Dated; • Signed by the landlord; AND • Say when the new rent takes effect • If above three not done, notice is of no effect and can be ignored • A rent increase cannot take effect until: • 365 days have passed from the start of the tenancy; OR • 365 days have passed from the date of the last rental increase • Rent collected because of an improper increase is recoverable by the tenant Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

20. Subletting • A tenant cannot sublet without the landlord’s written permission • A landlord cannot refuse to permit a sublet unless he has reasonable grounds to refuse • If landlord does refuse, he must give written reasons for the refusal • A landlord cannot charge a fee to give permission for a sublet • If a landlord does not respond to a request for a sublet within 14 days of service, consent is deemed Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

21. Entry of Premises • Landlords can enter premises if: • Tenant has been given a proper 24-hour notice; AND • Landlord is entering to: • Inspect the state of premises; • Make repairs; • Show the premises to buyers/tenants; OR • Control pests • A tenant does not have to be home for a landlord to enter after proper notice Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

22. Entry of Premises • Proper notice must: • Be in writing; • Be signed; • State the reason for entry; • Name a day and reasonable time period within which the landlord will come (cannot be for a holiday or day of religious worship); AND • Be served at least 24 hours in advance • Landlord cannot enter rented premises without consent, unless: • Reasonable grounds to believe there is an emergency requiring entry • Tenant has abandoned the property Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

23. Changing Locks • A tenant cannot change the locks to the property without the consent of the landlord • A tenant can install a lock that only locks the door when someone is inside • A landlord can only change the locks if he gives the tenant a key to the new lock right away Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

24. Ending a Fixed Term Tenancy • A fixed term tenancy ends on the date specified in the contract, unless: • The parties indicate (expressly or impliedly) that they intend that the tenancy be renewed or continued • It is continued as a periodic tenancy • If not renewed, no notice required by either the landlord or tenant to end the tenancy Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

25. Tenant Ending a Periodic Tenancy • Can be ended by a tenant with notice • The notice must: • Be in writing; • Be signed by the person giving the notice or the person’s agent; • State the address of the premises; • State the date on which the tenancy is to terminate: • Generally on or before the first day of a tenancy period to be effective the last day • 60 days if yearly period tenancy Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

26. Landlord Ending a Periodic Tenancy • A landlord can end periodic tenancy ONLY: • On agreement; • Procedurally correct eviction for substantial breach (not complying with tenant’s obligations on slide 7); OR • With notice for one of the reasons set out in the next slides Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

27. 14-Day Eviction Notices • Landlord can give a tenant a 14-day eviction notice for substantial breach • Eviction notices must: • Be in writing; • Be signed by the landlord; • Say how much rent is due; • Say why the eviction is happening; AND • Say when the eviction notice is for Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

28. 14-Day Eviction Notices • If the substantial breach is non-payment of rent, and the tenant pays the rent within the 14 days, the eviction notice is of no force or effect • If the substantial breach is anything else, the eviction notice is of no force if the tenant gives the landlord a notice in writing objecting to the eviction and that says why the tenant objects Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

29. 24-Hour Eviction Notices • A landlord can issue a 24-hour eviction notice if a tenant has: • Done or permitted significant damage to the property; OR • Physically assaulted or threatened the landlord or another tenant • If the tenant does not move out, landlord can bring a court application to confirm the eviction • If the landlord does not bring a court action within 10 days and the tenant has not moved out, the eviction notice is of no further force or effect Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

30. Landlord Ending a Periodic Tenancy • A landlord can also end a periodic tenancy on proper notice if: • The tenancy was entered into because of the tenant’s employment by the landlord and that employment is terminated; • The landlord is an educational institution and the tenant is a student, but will no longer be a student when the notice period has passed • The property is being converted into a condominium and premises must be vacant; • The landlord intends to use or rent the premises for a non‑residential purpose; Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

31. Landlord Ending a Periodic Tenancy • A landlord can also end a periodic tenancy on proper notice if (continued): • The landlord or a relative of the landlord intends to occupy the premises; • The landlord is selling the premises, all conditions of the sales agreement have been satisfied or waived, and the purchaser (or a relative) intends to occupy the premises; • The landlord intends to demolish the building; OR • The landlord intends to make major renovations Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

32. Proper Notice for Landlord to Terminate • A landlord’s notice to end a periodic tenancy must be for a proper reason • It must also be: • In writing; • Signed by the person giving the notice or the person’s agent; • State why the tenancy is being terminated; • State the address of the premises; AND • State the date on which the tenancy is to terminate • For most of the reasons, different legislated notice periods apply • It is an offence for a landlord to terminate a tenancy but not use the premises for the stated reason Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

33. Human Rights • Human Rights, Citizenship and Multiculturalism Act • Section 5: No person shall • (a) deny to any person or class of persons the right to occupy as a tenant any commercial unit or self‑contained dwelling unit that is advertised or otherwise in any way represented as being available for occupancy by a tenant, or • (b) discriminate against any person or class of persons with respect to any term or condition of the tenancy of any commercial unit or self‑contained dwelling unit, because of the race, religious beliefs, colour, gender, physical disability, mental disability, ancestry, place of origin, marital status, source of income or family status of that person or class of persons or of any other person or class of persons. Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

34. Human Rights – Accommodation • Discrimination in the provision of accommodation customarily available to the public is prohibited by section 4 of Alberta’s Human Rights, Citizenship and Multiculturalism Act • This includes all temporary accommodation such as hotels, motels, inns and campgrounds Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

35. Human Rights – Accommodation and Tenancies • The Act prohibits discrimination in both accommodation and tenancies on the following grounds: • Race • Colour • Ancestry • Place of origin • Religious belief • Gender (including pregnancy and sexual harassment) • Physical disability • Mental disability • Marital status • Family status • Source of income • Sexual orientation Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

36. Human Rights – Accommodation and Tenancies • Note that age is NOT a prohibited ground of discrimination in either area • Service providers and landlords have a duty to accommodate up to the point of undue hardship • Service users and tenants have a duty to let service providers/landlords know they require accommodation Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

37. Human Rights – Accommodation and Tenancies • Some examples of prohibited discrimination in the area of accommodation include: • Refusing to let a room to a person on social assistance • Refusing to let a room to a family with many children (unless there is a law regarding space requirements that prohibits renting a room of a certain size to a family of a certain size) Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

38. Human Rights – Accommodation and Tenancies • Examples of illegal discrimination in the area of tenancies could include: • Asking the source of a prospective income (as opposed to asking the amount, which is lawful) • Refusing to rent to tenants on the basis that they have no rental history (this could be discrimination on the basis of place of origin, if new to Canada, or marital or family status, if new to renting) Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

39. Human Rights – Accommodation and Tenancies • Examples of illegal discrimination in the area of tenancies could include (continued): • Applying a rent to income ratio requirement to prospective tenants (this could be discrimination on the basis of source of income, marital status, etc.) • Only asking particular groups of people for credit history, references, or co-signors Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

40. Landlord Does Not Repair/Maintain • Landlords must maintain appliances they provide • The remedy for non-repair or non-maintenance is usually rent abatement • Tenants can call Alberta Health Services if their property is unsafe, unsanitary, or in serious disrepair • It is a separate wrong for a landlord to retaliate against a tenant for making such a complaint Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

41. Bedbugs • Landlords must ensure that premises are free of insect and rodent infestation • Extermination requires a tenant to follow stringent rules including washing all clothes in hot water • Tenants are responsible if they bring the bugs (including through used mattresses) Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

42. Bedbugs • Photos of the bugs and the bites make excellent evidence – especially if they are in focus • Alberta Health Services inspection reports are extremely useful • Where landlords are aware of a bedbug infestation and do nothing, damages are recoverable Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

43. Alberta Health Services Inspections • To get Alberta Health Services to send an inspector, call 780-735-1800 • Tenants can obtain copies of any reports or orders made by Alberta Health Services for use in court • Make a request under the Freedom of Information and Protection of Privacy Act • Go to http://www.servicealberta.ca/foip/making-a-foip-request.cfm Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

44. Cannot Get Property Back • If a tenant is evicted, RTDRS orders routinely specify the property left behind after eviction will be dealt with according to section 31 of the RTA (the “abandoned goods” section) • If a tenant abandons personal property, the landlord does not have to keep it if (non-exhaustive list): • Property is worth less than $2000 (used value) • Property is dangerous or storing it would be unsanitary • Cost of removing, storing and selling property would exceed the sale proceeds Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

45. Cannot Get Property Back • If a tenant’s property is worth more than $2000 (used value), the landlord must store it for 30 days, and then can sell it • If a tenant claims the property within those 30 days, the landlord must return it, but can ask for the costs of removing and storing the property first Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

46. Cannot Get Property Back • If a tenant does not claim the property, and the landlord sells it, the landlord can use the money from the sale for debts owed to the landlord and must give any money left over to the Minister • If a landlord wrongfully converts a tenant’s property to his own use, the property (or damages in lieu) is recoverable Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

47. Landlord’s Remedies • Recovery of arrears of rent • Recovery of possession of the property from an over-holding tenant • Recovery of extra rent money from an over-holding tenant • Termination of the tenancy • Damages resulting from the breach Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

48. Tenants’ Remedies • Recovery of all or a portion of the damage deposit • Termination of tenancy due to substantial breach • Recovery of damages for the cost of a tenant performing landlord’s obligations • Recovery of damages resulting from a landlord’s substantial breach • Rent abatement • Human Rights complaint – many remedies, mostly financial, including damages for pain and suffering • Any other remedy authorized by law Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

49. Tenants’ Remedies – Public Health • If a landlord commits a substantial breach of the Residential Tenancies Act and there is a Public Health Act Order in effect, a tenant can terminate the tenancy by serving a termination notice • The notice must be: • In writing; • Signed by the tenant; • State the reasons for the termination of the tenancy; AND • Set out the termination date • Landlord can object to the termination notice within 7 days if he has complied with the terms of the Public Health Order Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help

50. Options for Resolution • Informal resolution – client-led or agency-led • Alberta Human Rights Commission • Residential Tenancy Dispute Resolution Service (RTDRS) • A Tribunal, less formal than a court process, and the decision is a binding order • http://www.servicealberta.gov.ab.ca/landlord-tenant-disputes.cfm • Provincial Court • Court of Queen’s Bench Human Rights Remedies Available Residential Tenancies Act Rules and Obligations Ending the Tenancy Common Issues Getting Legal Help