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Alberta Tenancy Act

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					                             Publishing Date: October, 2008




Alberta Residential Tenancies Act
             (R T A)




                Calgary Nikkei Cultural & Senior Centre
                                 2236- 29th Street, S.W.
                                        Calgary, Alberta
                                               T3E 2K2
                                     Tel: (403)242-4143
                                     Fax: 888-367-7549
                             e-mail: cjcamain@shaw.ca
Tenancy Agreement(Landlord & Tenant)
Before a tenant moves in, the landlord & tenant need to agree their contract.
This agreement may be in written or verbal, but written is always better.
Before sign an agreement, check for the following:
 - The type of tenancy ( Fixed-term/ Periodic *)
 - The amount of rent and when it is to be paid(e.g. the 1st of the month)
 - Who pays for utilities?
 - Who pays for repairs?
 - Any rules the landlord requires you to follow(e.g. no smoking, no pets)

The landlord must give a copy of the agreement to the tenant within 21 days from the time the
tenant signs and return it to the landlord.

*A periodic tenancy is one that there is no end-date stated in the agreement. This tenancy is
renewed without notice.


Security / Damage Deposit (Landlord & Tenant)
 - Landlords usually ask tenants for a security deposit (a damage deposit).
It cannot be more than one month’s rent.

- The landlord must pay a security deposit’s interest to the tenant at the end of each tenancy year or
paid to the tenant at the end of the tenancy.
       e.g. Jan 1, 2008 to December 31, 2008 minimum Annual Interest Rate is 0.5%




                       Tenants’ Rights & Responsibilities
Termination notice (Tenant Leaving)
A notice of termination must be in writing, signed, state the date on which the
tenancy is to terminate.
The notice must be served:
 - a weekly tenant – 1 week before the last day of the tenancy week
 - a monthly tenant – 1 month before the last day of a tenancy month
 - a yearly tenant – 60days before the last day of a tenancy year


●Responsibilities
- pay rent on time
- not perform illegal acts
- keep clean
- prevent damage
- move out when the rental agreement ends

●Rights
Tenants have the right to return of their security (damage) deposit with any interest
owing, when they move out if these conditions are met:
- There is no damage beyond normal wear
- The house (room) have been properly cleaned
- No rent or other costs owe

If there are no deductions for rent, other costs, cleaning or repairs, the landlord must pay the tenant
their full deposit plus interest within 10 days of the tenant leave.
If there are deductions, the landlord must do one of the following within 10days:

 - Return the balance of the deposit with a statement of account that lists all the damages, repair
costs and details of the cleaning charges
 - Give the tenant an estimate of the deductions that will be made and return any money that won’t
be used (the tenant must receive a final statement and any money owing within 30 days after you
leave)



                      Landlords’ Rights & Responsibilities
●Responsibilities
- The landlord must give his/her name & address to the tenant in writing within 7 days of the day
when the tenant moved in.

 - Landlords must deposit all security deposit in an interest-bearing trust account in a bank, treasury
branch, and credit union in Alberta within 2 banking days of the time they collect them from the
tenant.

 - The landlord must pay a security deposit’s interest to the tenant at the end of each tenancy year. If
the landlord & the tenant agree in writing, interest may be compounded annually and paid to the
tenant at the end of the tenancy.

- A landlord is required to keep security deposit records for at least 3 years. Records must include
all of the following information:
     - Date of receipt and amount
     - Date security deposit was deposited
     - Interest payable and paid to tenant
     - Description of security deposit

- The landlord must return a security (damage) deposit with any interests when the
tenant moves out if there are no damages or repairs.
- The landlord has to keep the properties safe and in good condition at all times. Standards for
safety and comfort are set out in the PUBLIC HEALTH ACT and regulations. If a landlord ignores
a tenant’s request for repairs, the tenant may apply to the court for any of the following:
     - To recover damages
     - To have the rent reduced to make up for any benefits the tenant has lost because the landlord
didn’t carry out the landlord’s obligations
     - To end the tenancy
     - To compensate for the cost of performing the landlord’s obligations



●Rights
If a tenant assaults or threatens to a landlord or other tenants or damage to the residential premises
the landlord can:

- Apply to court to end the tenancy
- Give the tenant a 24-hour notice to end the tenancy

24-hour notice must:
- be in writing
- be signed by the landlord
- state the reason for eviction
- state the time and date the tenancy ends


Termination notice
A notice of termination must be in writing, signed, state the date on which the
tenancy is to terminate.
The notice must be served:
 - a weekly tenant – 1 week before the last day of the tenancy week
 - a monthly tenant – 1 month before the last day of a tenancy month
 - a yearly tenant – 90days before the last day of a tenancy year

Notice of increase in rent
A landlord shall not increase the rent without proper notice.
The notice must be in writing, signed & dated by the landlord.
- a weekly tenancy - at least 12 weeks’ notice before the rent is increase.
- a monthly tenancy - at least 3 months’ written notice before raising the rent.
- any other periodic tenancy - at least 90days’ written notice before raising the rent.

* A landlord shall NOT increase the rent more than once a year.
  *This is a summary of Alberta Residential Tenancies Act based o on information from Queen’s
                 Printer Government of Canada website 2008 & Service Alberta.
  RTA doesn’t apply if you share a landlord’s living quarters as through they were a part of the
                                          landlord’s family.
                 This is not comprehensive. The law may change without notice.
For more information, visit website http://www.qp.gov.ab.ca/documents/Acts/R17P1.cfm
                                     Or please contact below.

Calgary Apartment Association:
Calgary (403)265-6055 www.calapt.org

Residential Tenancy:
Dispute Resolution Service (780)644-3000

Provincial Court – Civil Division:
Calgary (403)297-3436

Alberta Government Services:
Consumer Services (780)427-4088
Toll Free Alberta 1-877-427-4088

For Legal Assistance:
- Legal Information on Tape: Calgary (403)234-9022
                             Other Cities toll-free 1-800-332-1091
- Lawyer Referral Service Toll Free 1-800-661-1095
- Calgary Legal Guidance (403)234-9266
- Calgary Student Legal Assistance (403)220-6637 www.fp.ucalgary.ca/SLA/

				
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